Conditions for transferring red books in 2025
Pursuant to Clause 1, Article 45 of the 2024 Land Law, the transferor or donator of land use rights must meet 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;
- The land is not in dispute or has a dispute but has been resolved by a competent authority and has full judgments and decisions of the Court or 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.
Normally, only the above 5 conditions are required, but in some other cases, there must be additional conditions from the transferor or donor parties.
Fees to be paid when transferring the red book in 2024
Currently, when transferring the red book, the following fees may be paid:
Registration fee: Pursuant to Article 4 of Decree 10/2022/ND-CP, organizations and individuals must pay registration fees when registering home ownership and land use rights.
Accordingly, Clause 1, Article 8 of Decree 10/2022/ND-CP stipulates the registration fee collection for houses and land at 0.5%.
file appraisal fee: According to Point i, Clause 1, Article 5 of Circular 85/2015/TT-BTC (amended and supplemented in Circular 106/2021/TT-BTC), it is stipulated as follows:
The appraisal fee for the issuance of a land use right certificate is the fee for the appraisal of the dossier, the necessary and sufficient conditions to ensure the issuance of a certificate of land use rights, house ownership rights and assets attached to the land (including initial issuance, new issuance, issuance of re-issuance, issuance of certificates and certification of changes to issued certificates) according to the provisions of law.
Based on the area of the land plot, the complexity of each type of dossier, the purpose of land use and the specific conditions of the locality to determine the fee for each case.
Red book issuance fee: At Point d, Clause 2, Article 5, Circular 85/2015/TT-BTC, the fee for granting certificates of land use rights, house ownership rights, and assets attached to land is the fee that organizations, households, and individuals must pay when being granted a certificate of land use rights, house ownership rights, and assets attached to land by a competent state agency.
Fees for granting certificates of land use rights, house ownership rights, and assets attached to land include: Issuing certificates of land use rights, house ownership rights, and assets attached to land; land change registration certificates; cadastral map extracts; documents; cadastral records data.
Based on specific local conditions and local socio-economic development policies to stipulate appropriate fee collection levels, ensuring the following principles: The fee for households and individuals in districts under centrally-run cities, inner-city wards under cities or provincial towns is higher than the fee in other areas; the fee for organizations is higher than the fee for households and individuals.
Notary fee: According to Clause 2, Article 4 of Circular 257/2016/TT-BTC, the fee for notarizing contracts for transfer, donation, donation, division, division, merger, exchange, capital contribution using land use rights is calculated on the value of land use rights.
