Currently, the certificate of land use right, also known as the red book, plays an important role to transfer land use rights. However, many land owners nowadays still do not have the red book of their land due to various reasons in the past. It may confuse people who want to buy and sell such land. So, in this article, LSX legal firm will give you guidance on: “How to buy land without papers fast and simple in Vietnam?”
Legal grounds
- Law on Land 2013
- Decree 53/2017/ND-CP
Conditions for land transfer
According to Clause 1, Article 188 of the Law on Land 2013 on conditions for exercising the rights of land users:
“Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as the capital when meeting the following conditions:
a) Having the certificate, except for the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b) The land is dispute-free;
c) The land use rights are not distrained to secure judgment enforcement;
d) Within the land use term.”
So, the transfer of land use rights can only be done when the land has been issued with a land use right certificate. When the land does not have a certificate, the law will not recognize the exercise of the rights to transfer the land use rights.
Therefore, you should ask this person to complete the procedures for the land use rights certificate. Then, the transfer will take place in accordance with the law.
Procedure to buy land without papers
The process of establishing the transfer contract will take place at the Notary Office or the People’s Committee of the commune/ward. Required documents include the certificate of land use right, copy of identity card, and household registration book of related parties.
Then, declare tax obligations at the People’s Committee of the district where the land located.
Dossiers to buy land without papers
- Registration fee declaration (buyer).
- Personal income tax declaration (the seller, except for cases of tax exemption).
- Transfer contract.
- A copy of the certificate of land use right. (with authentication).
- Copies of identity cards and household registration books of both parties. (with authentication).
After the issuance of the tax payment notice, the two parties shall pay taxes within 10 days into the state budget.
Dossiers to declare to change the name of land use rights
Dossiers include:
- An application form for registration of fluctuations.
- Transfer contract.
- Certificate of land use right.
- Copy of identity card and household registration book of the buyer (certified).
- Paper of payment to the state budget.
Processing time: no more than 15 days.
What to do when buying land without a red book?
In case you have bought land without a red book, according to experts, you should make a deposit contract. The contract must clearly state the terms of the seller’s commitment as well as compensation for failure to perform the commitment. Besides, you should make a power of attorney for management, use, and disposition so that when the land parcel is eligible for a book, you can take the initiative to carry out the procedures yourself.
At that time, to limit possible risks, you need to find out information about the origin of the land to see if the land legal for residential or not? Does it belong to encroached land or not? When building a house, has the competent authority issued a decision to force it to dismantled? Is the property currently in dispute with other entities?
You can verify this information through the official in charge of construction and cadastral of the People’s Committee of the commune or ward. If the land has problems that fall into one of these circumstances, the purchase may take a risk.
On the other hand, you need to check the seller’s identification. If the seller has a spouse, the sale and purchase contract must involve both spouses. Then, ask the seller to hand over the original documents on the origin of the house (if any).
Also, you should ask two neighbors to witness the transfer document and may require the seller to point with just the right index finger on the contract. Then, make the payment at a bank or ask the seller to write a money receipt.
Real estate sale and purchase contract without red book
Buying real estate without a red book has many potential risks when legal procedures cannot be carried out. The buyer needs to resolutely receive the seller’s commitment to applying for the red book after signing the purchase and sale contract because you have to notarize all real estate transactions to make them valid before the law.
The process and procedures for buying and selling real estate do not have any guidelines. Below are just the main contents of a handwritten real estate sale and purchase contract template:
- Information of two parties: Transferor and transferee.
- The right to use the transferred land and assets attached to the land, including specific information about the land plot such as number of the land plot, number of map sheets, address of land, land area, etc.
- Transfer price and payment method.
- Provisions on land allocation and registration of land use rights.
- Responsibility to pay taxes and other fees.
- Methods of settlement in the case of a dispute.
- Commitment to the responsibility of the parties.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
- Regulations of Vietnamese law on market land
- Documents to apply for land use extension in Vietnam
- Settlement of deposit contract disputes when buying land in Vietnam
Related questions
Organizations and individuals using land at airports and airfields may not mortgage land use rights.
According to the law, religious establishments and residential communities using land can not mortgage their land use rights even though they fully meet the conditions for a mortgage of red books.
Firstly, agricultural land allocated by the State within the limit;
Secondly, l and allocated by the State with a collection of land use levy;
Thirdly, land leased with a one-time payment for the entire lease period;
Fourthly, land recognized by the State with land use rights;
Fifthly, land received for conversion, transfer, donation, and inheritance.
Contact LSX
Finally, hope this article is useful for you to answer the question about “How to buy land without papers fast and simple in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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