According to Article 29 of Decree 101/2024/ND-CP, the components of the dossier for transferring the red book include:
- Application for registration of changes according to Form No. 11/DK.
- Transfer or donation contract.
- Original Certificate of Land Use Rights.
- Personal income tax declaration form according to Form No. 03/BDS-TNCN.
- Documents used as a basis for determining the subjects exempted from personal income tax and registration fees (if any).
- Original registration fee declaration according to Form No. 01/LPTB.
In which, the contract for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified, except in the following cases:
Contracts for lease, sublease of land use rights, land use rights and assets attached to land, contracts for conversion of agricultural land use rights;
Contracts for transfer or capital contribution using land use rights, land use rights and assets attached to land and assets attached to land in which one party or parties participating in the transaction is a real estate business organization that is notarized or certified at the request of the parties.
The certificate is a document recording real events and deeds that Thua directly witnessed and prepared at the request of individuals, agencies, and organizations according to Clause 3, Article 2 of Decree 08/2020/ND-CP.
Article 36 of Decree 08/2020/ND-CP clearly states: Certificates do not replace notarized documents, certification documents, or other administrative documents.
Thus, buying and selling real estate using a certificate cannot be transferred to the red book because:
- Land law stipulates that real estate transfer contracts must be notarized or certified and the transfer documents must have notarized or certified transfer contracts.
- The certificate does not replace notarized documents or certified documents but only records real events and acts as required by agencies, organizations and individuals.
