Cases that cannot be transferred from the red book from 1.7.2025
Pursuant to Article 45 of the 2024 Land Law, the following cases are not allowed to be transferred under the red book name, including:
- Land without a red book, pink book or other legal documents as prescribed.
- Land in dispute/dispute has not been resolved by a competent state agency, the judgment, decision of the Court, the decision, and award of the Arbitration have not yet come into effect.
- Land use rights are being seized or other measures are being applied to ensure the enforcement of civil judgments.
- Land has expired.
- Land use rights are subject to temporary emergency measures.
At the same time, in some cases, the red book cannot be transferred because the transferee is not allowed to receive the transfer or donation of land use rights as prescribed in Clause 8, Article 45 of the 2024 Land Law, including:
- Economic organizations are not allowed to receive transfer of rights to use protective forest land or special-use forest land from individuals, except in cases where the purpose of land use is changed according to the planning and land use plan approved by competent authorities.
- Individuals who do not live in protected forests or special-use forests are not allowed to receive transfers or gifts of land use rights for residential land and other land in protected forests or in strictly protected sub-zones or ecological restoration sub-zones in those special-use forests.
- Organizations, individuals, communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
Procedures for transferring red books according to new regulations from 1.7.2025
Pursuant to Decree 151/2025/ND-CP, the order and procedures for registering changes in land and assets attached to land and issuing Certificates of land use rights and ownership of assets attached to land are as follows:
The candidate must submit a set of documents including the following documents:
- Application for registration of changes in land and assets attached to land according to Form No. 18 issued with this Decree.
- issued certificate.
- One of the types of documents related to the content of changes in land and assets attached to land in each specific case.
- Documents on representation according to the provisions of civil law in cases of carrying out procedures for registration of land and assets attached to land through representatives.
In case of handling mortgaged assets, contributing capital in the form of land use rights, assets attached to land without agreement; seizing and auctioning land use rights, assets attached to land to enforce judgments according to the provisions of law, the submission of the dossier shall be done by the organization that handles the handling of land use rights, assets attached to land or by the recipient of land use rights, ownership rights of assets attached to land.
