What is the penalty for intentionally transferring land without a red book?

5 conditions for transferring land use rights

"Land trading" is a term commonly used to refer to the activity of "Transferring land use rights" between land users according to the provisions of law.

According to Clause 1, Article 45 of the 2024 Land Law, land when transferring use rights must meet the following conditions:

- Have land use rights certificate.

- Land that is not in dispute or has a dispute but has been resolved by a competent authority, has a court judgment or decision, or an arbitration award that has come into legal effect.

- Land is not subject to seizure or other measures to ensure enforcement of civil judgments.

- Still within land use term.

- Land is not subject to temporary emergency measures.

Thus, if the above 5 conditions are met, the land user will be able to carry out the transfer normally. When transferring land use rights, the two parties must establish a transfer contract with notarized certification. The transfer must be registered at the land registration office and is effective from the time of registration in the land registry.

Individuals who intentionally transfer land without a red book will be administratively fined 30-50 million VND (Photo: Ha Phong).

Penalties for transferring land without a certificate

However, in reality, there are many cases where land users intentionally transfer land without a certificate. Decree 123/2024 regulating administrative sanctions in the field of land according to the 2024 Land Law clearly states that from October 4, this intentional transfer will be subject to an administrative fine of 30-50 million VND.

In addition, the transacting parties must also perform:

- The buyer must return the land.

- The sales contract is void.

- Return the illegal profits obtained from committing the violation.

- Land registration is required in cases where land is eligible for a Certificate.

The above fine is applied to individuals. If the subject committing the act is an organization, it will be fined 60-100 million VND and forced to fully implement remedial measures.

However, the 2024 Land Law also stipulates that there are 2 following cases where transfer is still allowed even without a certificate at Point a, Clause 1, Article 45.

The first is inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, and donating land use rights.

The second case is specified in Clause 7, Article 124, Point a, Clause 4, Article 127, including: Economic organizations with foreign investment capital receiving the transfer of real estate projects; Households and individuals using land that has not been granted but are eligible for a certificate are allowed to transfer, lease, sublease land use rights, and contribute capital using land use rights to implement projects.

Source: https://dantri.com.vn/bat-dong-san/co-tinh-chuyen-nhuong-dat-khong-co-so-do-bi-xu-phat-ra-sao-20241009113533720.htm