A case reflecting difficulties when businesses receive land use rights transfer from individuals and carry out procedures to apply for a Certificate of Land Use Rights (red book). Accordingly, businesses are concerned about the order, procedures as well as necessary documents to be granted a red book for the purchased land.
Regarding this content, the Ministry of Agriculture and Environment said that the issuance of Certificates of Land Use Rights to organizations receiving transfers from individuals must be based on legal transfer dossiers and regulations of land law.
According to regulations, in case an organization receives a transfer of land use rights, it must register land changes. The dossier needs to have documents proving the legal transfer such as a land use right transfer contract and related documents as prescribed.
In addition, land users must fulfill financial obligations (if any) before being considered for a Certificate by a competent authority.
The Ministry of Agriculture and Environment said that the issuance of red books is not only based on transfer contracts but also must consider land use conditions, land origin and cadastral records.
In case the dossier is complete, valid and in accordance with legal regulations, the competent authority will carry out procedures to issue a Certificate to the transferring organization.
Conversely, if the dossier is incomplete or there is no clear legal basis, the receiving agency may request supplementation or have not resolved the dossier as prescribed.
The Ministry of Agriculture and Environment recommends that organizations when carrying out procedures for receiving land transfer and applying for red books should contact the local land registration agency to check dossiers and get specific guidance.
Implementing the correct procedures and preparing sufficient documents will help shorten the processing time and ensure the legitimate rights of land users.
