Cases of land sale and purchase by handwritten documents are allowed to be granted red books.
According to the provisions of the 2013 Land Law, contracts for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified, except in the case of real estate business. However, due to historical reasons, many people previously bought houses and land only with handwritten documents. To resolve this situation, the law has allowed the issuance of land use right certificates for cases of buying and selling by handwritten documents.
Accordingly, there are 2 cases of buying and selling real estate by hand-written documents that will be granted red books.
Case 1, using land by transferring or receiving land use rights as a gift before January 1, 2008.
Case 2, receiving transfer or donation from January 1, 2008 to before July 1, 2014, but the land has documents on land use rights as prescribed in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP, amended and supplemented by Decree 01/2017/ND-CP.
Thus, in case the transferee of land use rights by handwritten document falls into one of the two cases mentioned above, he/she will still be granted a land use rights certificate.
How to make a red book when buying and selling land with handwritten paper? (Illustration: Internet)
Procedures for issuing red book when buying land with handwritten paper
Step 1: Households or individuals must prepare documents for the first land use right certificate issuance in case of land purchase and sale using handwritten documents.
Step 2: After preparing all documents, the land user will submit them to the competent authorities for receiving and processing.
Step 3: The agency receives the application and conducts on-site assessment and verification.
In case the land user's dossier is valid, the dossier receiving agency will carry out the following tasks:
+ Notice of financial obligations to the person requesting performance (if any);
+ Prepare documents, submissions with draft Land Use Rights Certificates and send them to the competent People's Committee to sign the decision.
+ After the submission is signed and approved, the competent authority will receive the documents and supplement and update the information in the cadastral records in the national land database.
+ Receive land use right certificate results
In case the application is invalid, the agency receiving the application is responsible for guiding the applicant to supplement the missing documents. In case the conditions for granting the first land use right certificate are not met, the agency receiving the application will return the application to the applicant with a written explanation of why the application is not qualified for granting the red book.
The time for carrying out the procedure for issuing the first red book in the two above cases is no more than 30 days, except for communes and districts in mountainous areas, islands, and areas with difficult socio-economic conditions, the time for carrying out the procedure is no more than 40 days (time calculated from the date of receiving valid documents, excluding holidays and days off as prescribed by law).
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