Can I get a red book if I buy land with a handwritten paper?

(Dan Tri) - From August 1, the 2024 Land Law stipulates that when transferring real estate, the contract must be notarized or authenticated, except in cases prescribed in Clause 2, Article 129 of the 2015 Civil Code.

Land sale and purchase (transfer) by handwritten document is a transaction of transferring land use rights but the contract is not notarized or certified according to the law.

Many people worry that land plots transacted by handwritten documents will not be granted land use right certificates. In fact, there are 2 different cases of transactions and different ways of handling them.

Land transferred from August 1st to present

Clause 3, Article 27 of the 2024 Land Law stipulates that contracts for transfer, donation, mortgage, and capital contribution using land use rights, land use rights, and assets attached to land must be notarized or certified, except for the case specified in Point b of this Clause.

Accordingly, only in cases where one or more transferors are real estate business organizations are not required to notarize or authenticate.

However, Clause 2, Article 129 of the 2015 Civil Code stipulates that for contracts that are not notarized or certified but one party or parties have performed at least 2/3 of the obligations in the contract, at the request of one party or parties, the Court shall issue a decision recognizing the validity of the contract.

However, requesting the court to recognize the validity of a non-notarized or authenticated transfer contract takes more time and is more complicated than having the parties notarize or authenticate it. On the other hand, not notarizing the contract carries a high risk of legal disputes.

Therefore, the transfer of land use rights by handwritten document is only valid if the transfer takes place before August 1.

Land use rights certificate sample (Photo: IT).

Land transferred before August 1

For transactions before August 1, there will be 2 cases: land plots that have been granted a certificate and land plots that have not been granted a land use right certificate.

The first is the case of buying and selling land without a red book.

Clause 5, Article 137 of the 2024 Land Law stipulates that households and individuals who are using land and have one of the types of documents specified in Clauses 1, 2, 3 and 4 of this Article, on which the name of another person is recorded, accompanied by documents on the transfer of land use rights, but before August 1, have not carried out the procedures for transferring land use rights according to the provisions of law and that land is not in dispute, shall be granted a certificate of land use rights and ownership of assets attached to the land; and perform financial obligations according to the provisions of law.

Accordingly, if the transfer has been made in practice (one party pays, the other party delivers the land but has not changed the name), it is not necessary to carry out the procedure for transferring land use rights but must carry out the procedure for registration and issuance of the first certificate.

The agency receiving the application for the first certificate shall not require the transferee to submit a notarized or certified contract or transfer document as prescribed.

In case of using land transferred by handwritten paper and want to be granted a certificate, the transferee must prepare documents and follow the procedures prescribed in Clause 1, Article 42 of Decree 101/2024.

The second is buying and selling land that has been granted a red book.

Clause 2, Article 42 of Decree 101/2024 stipulates that in case a person is using land due to a transfer before August 1, and the transferee only has a certificate from the transferor or a contract, documents on the transfer as prescribed, the transferee must submit an application for a certificate and documents on existing land use rights to obtain a new certificate.

The process of granting new land use right certificates consists of 4 steps.

Step 1: Prepare documents

Clause 2, Article 42 of Decree 101/2024 stipulates that the dossier to be submitted when carrying out the procedure for granting a certificate in the case of transferring land use rights before August 1, in which the transferee only has the original certificate of the transferor, including:

- Application for registration of changes in land and assets attached to land according to Form No. 11/DK.

- Original certificate issued.

- Documents on the transfer of land use rights and assets attached to land with full signatures of the transferor and transferee (the contract is not notarized or certified but must have full signatures of all parties).

Step 2: Submit application

Method 1: Households and individuals submit applications to the People's Committee of the commune, ward or town where the land is located if needed.

Method 2: Land users can submit at the one-stop department of the locality or the branch of the land registration office of the district, town, city of the province where the land is located or the land use rights registration office for places where no branch of the land registration office has been established.

Step 3: Receive documents and process requests

The land registration office shall notify the transferor in writing and post it at the headquarters of the People's Committee of the commune, ward or town where the land is located about the procedures for granting a Certificate to the transferee.

In case the address of the transferor is unknown for notification, the Land Registration Office shall publish the notice in the local mass media for 3 consecutive issues (the cost of publication shall be paid by the person requesting the certificate).

After 30 days from the date of notification or first publication in the local mass media, if the transferor fails to submit the issued certificate, the issued certificate shall be cancelled. The land registration office shall prepare a dossier to submit to the competent authority for decision to cancel the issued certificate in this case to complete the procedure and simultaneously issue a new certificate to the transferee.

If there is a request for dispute resolution, the Land Registration Office shall guide the parties to submit the request to the competent state agency to resolve the dispute according to regulations.

Source: https://dantri.com.vn/bat-dong-san/mua-dat-bang-giay-viet-tay-co-duoc-cap-so-do-khong-20241025105822494.htm