According to the 2024 Land Law, the conditions for transferring the red book of both the transferor and the transferee have changed.
For the transferor, the 2024 Land Law has added a new condition at Point d, Clause 1, Article 45 that the land use right is not subject to temporary emergency measures as prescribed by law.
In particular, temporary emergency measures can include seizing disputed assets, prohibiting the transfer of rights to disputed assets, prohibiting changes to the current status of disputed assets, and freezing assets.
Thus, the conditions for transferring the red book title applicable to the transferor are stipulated in Article 45 of the 2024 Land Law, including:
Have red book except in cases of inheritance, conversion of agricultural land when consolidating land or exchanging plots.
Land has no dispute or has been resolved by a competent State agency, a court decision, or an arbitration award that has come into effect.
Land use rights are not subject to seizure or other measures to ensure enforcement of civil judgments.
During the land use period.
Land use rights are not subject to temporary emergency measures.
Regarding the transferee, the 2023 Land Law also clearly stipulates 3 cases where the transfer is not allowed in Clause 8, Article 45, including: Cases where the transfer or donation of land use rights is not allowed are stipulated as follows:
Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where land use purposes are changed according to land use planning and plans approved by competent authorities.
Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, strictly protected zones, or ecological restoration zones in those special-use forests.
Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
Notably, currently the land price for calculating the registration fee when transferring ownership is calculated according to the transfer price (the price in the contract is higher than the price in the land price list) or according to the price in the land price list (if the land price in the contract is lower than the price in the land price list).
According to the provisions of the 2024 Land Law, from January 1, 2026, a new land price list will be issued based on market principles and adjusted annually. This will make the land price in the land price list closer to the market price and not based on the current minimum and maximum price framework of the Government. Therefore, the land price to calculate the registration fee when transferring the red book will increase accordingly.
