Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said that buying and selling with handwritten papers is a term people often use to refer to buying and selling, transferring land use rights but not carrying out notarization or certification.
Accordingly, one party hands over money, one party hands over land, then the parties make handwritten papers to record the purchase and sale, transfer.
The law through many periods has clearly stipulated that the purchase and sale, transfer of land use rights must be notarized and certified. However, for many reasons, it may be because people do not clearly understand the legal regulations or the land does not have a land use right certificate, so the parties still carry out purchase and sale by handwritten papers.
Buying and selling with handwritten papers does not ensure form regulations. If disputes arise, the parties may have to resolve them in court.
However, land law also has regulations to create conditions for people in cases where the purchase and sale, transfer has been fully implemented by the parties even if it is not guaranteed in form. Accordingly, the parties can carry out procedures to request the issuance of land use right certificates.
In case the land plot does not have a certificate of land use rights, the buyer can carry out procedures for issuing a certificate for the first time. In case the land has a certificate, the buyer can carry out procedures to register changes to transfer ownership.
If the land does not have a certificate, the buyer contacts the commune-level People's Committee to carry out procedures for issuing a certificate for the first time. If the land has been granted a certificate, the buyer contacts the competent branch to carry out procedures for registration of changes and transfer of ownership on the certificate.
In practice, buyers may encounter cases where the old owner does not hand over the land use right certificate. However, for land that has been granted a certificate, the certificate issuance dossier and related information are still kept at the competent authority.
Therefore, functional agencies, specifically competent branches, will carry out procedures to register changes and transfer ownership to buyers according to regulations.
In terms of order, procedures are carried out similarly to the normal purchase and sale, transfer order. Parties do not have to re-sign new contracts but can use handwritten purchase and sale documents to carry out procedures if they meet the conditions according to regulations.
For cases of first-time certificate issuance, people submit dossiers to competent authorities. After receiving dossiers, the commune-level People's Committee and relevant agencies will carry out listing according to regulations. Within 30 days of listing, if no disputes arise, functional agencies will continue to carry out procedures to issue land use right certificates to people.
