According to Article 137 of Land Law No. 31/2024/QH15, types of documents proving legal land use rights include:
- Certificate of land use rights, house ownership rights and other assets attached to land (commonly referred to as red book or pink book), issued by a competent authority in accordance with the provisions of law.
- Other valid documents on land use rights established before October 15, 1993 (the effective date of the 1993 Land Law), including:
Documents issued by competent authorities during the implementation of land policies before 1993.
Inheritance and donation papers of land use rights.
Land use rights transfer documents certified by competent state agencies.
Documents for liquidation and valuation of houses attached to residential land.
Documents with the name of the land user in the land registration book and cadastral book before 1993.
- Decision on land allocation or land lease by competent state agency.
- Other documents as prescribed in relevant legal documents.
In addition, in cases where there are no documents specified above, but the land is used stably, long-term and without disputes, state agencies may consider granting a Certificate according to regulations.
Speaking to Lao Dong reporter, lawyer Truong Anh Tu (TAT Law Firm) said: “According to Clause 1, Article 45 of the 2024 Land Law, transferred land must have a land use right certificate (red book), except for some exceptional cases. Violations of land transfer without a red book include:
Land transfer without legal documents
- Land without a land use right certificate or documents proving legal right to use according to Article 137 of the 2024 Land Law.
- Transactions are not notarized or certified by a competent authority according to Article 167 of the 2024 Land Law.
Land transfer in violation of planning regulations or use for the wrong purpose
- Encroached land, violating land use planning.
- Land has not been legally converted to another use purpose according to the provisions of Clause 3, Article 12 of the Land Law.
Lawyer Truong Anh Tu also recommended that transferring land without a red book has many potential legal risks and can lead to loss of property, disputes... therefore, people need to comply with legal regulations when transferring land.
