Is the original red book not kept when receiving land transfer from 2001, now it can be transferred to another name?

Xuyên Đông |

Citizens reflect that they received land transfer from 2001, but did not keep the original red book, the transfer was in handwritten papers, now can they apply for transfer of ownership?

On the Government Information Portal, Mr. H.T.P in Ho Chi Minh City reflected that in 2001, he received the transfer of a piece of land from Mr. A. The transfer was only made on handwritten paper. Mr. A was granted a red book for two land plots (plot No. 1 and plot No. 2) in 1998.

After receiving the transfer, Mr. P did not keep the original red book, but let Mr. A continue to manage it, because Mr. A only transferred land plot No. 1, while land plot No. 2 still belonged to his use rights.

After that, Mr. A continued to transfer land plot No. 2 to Mr. C and handed over the entire original red book (issued for both plots) to Mr. C. Currently, according to information provided by Mr. P, Mr. C has submitted this original red book at the Land Registration Office to carry out procedures for renewing the red book for land plot No. 2.

Recently, when Mr. P submitted a dossier applying for a red book for land plot No. 1, the One-Stop Shop Department returned the dossier with the reason: The handwritten transfer paper is invalid and cannot provide the original red book.

According to Mr. P, the biggest obstacle is that the original red book is currently not managed by him, but has been submitted by Mr. C to the Land Registration Office in the renewal dossier. Therefore, he does not know whether this original red book is still being kept at the land registration agency or has been revoked or canceled.

Mr. P asked, in case Mr. C submits the original red book to the Land Registration Office to carry out procedures for renewal, will the red book be revoked or canceled? If it has not been canceled, what procedures do you need to carry out to use the original red book currently stored at the land registration agency, in order to complete the application for a red book?

Regarding the handwritten transfer contract made in 2001, what types of documents do you need to supplement to be considered for issuing a red book according to legal regulations?

Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:

According to the provisions of land law, the cancellation of issued certificates is carried out in cases where land users reissue lost certificates, reissue or correct issued certificates that require new certificates, and other cases of certificate cancellation.

In case Mr. C registers land changes, the agency resolving procedures shall comply with the provisions in point VI, content C, part V of Appendix 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

Accordingly, after completing the registration procedures for changes, the Land Registration Office is responsible for editing and updating the cadastral records. The issued certificate is a component of the cadastral records, so it will be stored to serve land management work.

Regarding the content on registration and issuance of certificates of land use rights and ownership of assets attached to land for cases where land use rights have been transferred but transfer procedures have not been carried out according to regulations before August 1, 2024 and that land plot has a certificate, the order and procedures are carried out according to the provisions of Clause 2, Section XI, Content C, Part V, Appendix I issued together with Decree No. 151/2025/ND-CP.

Accordingly, the dossier submitted by the land user includes: Application for registration of land changes, assets attached to land according to Form No. 18 issued together with Decree No. 151/2025/ND-CP, original certificate issued, documents on land use right transfer with full signatures of the transferor and the transferee.

The Ministry of Agriculture and Environment requests citizens to contact competent authorities in the locality for guidance and resolution in accordance with the law.

Xuyên Đông
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