1. Buying land without a red book after August 1, 2024
According to Clause 1, Article 45 of the 2024 Land Law, land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting all of the following conditions:
- Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement.
- Within the land use term.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
Thus, after August 1, 2024, people must meet the above conditions when buying land.
2. Buying land without a red book before August 1, 2024
In case of buying land without a red book before August 1, 2024 but not yet carrying out the procedures for transferring land use rights, if the new owner is eligible for a Land Use Rights Certificate, he/she will be proposed to be granted a certificate without having to go through the name change procedure.
In the following cases of land use due to receiving a transfer of land use rights not in accordance with the provisions of law but with the signatures of relevant parties but not yet granted a Certificate and not falling under the provisions of Clause 2, Article 42 of Decree 101/2024/ND-CP, the person using the land shall carry out the procedures for land registration, issuance of a Certificate of land use rights, ownership of assets attached to land for the first time according to the provisions of the 2024 Land Law and the provisions of Decree 101/2024/ND-CP without having to carry out the procedures for land use rights transfer; the dossier receiving agency shall not request the receiver of the transfer of land use rights to submit the contract or document on land use rights transfer according to the provisions of law, except in the case of documents on receiving inheritance of land use rights according to the provisions of Point 1, Clause 1, Article 28/2024/ND-CP:
- Using land due to receiving a transfer of land use rights before July 1, 2014 in cases where there are no documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
- Using land due to receiving a transfer of land use rights before August 1, 2024 with documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
- Using land due to receiving a transfer of land use rights from the inheritor of land use rights as prescribed in Clause 4, Article 45 of the 2024 Land Law.
Note: According to regulations, buying and selling land without a red book is a violation of the law. In case of buying or selling before August 1, 2024, the procedure for issuing the first red book must be followed to have a new book if eligible.
