The demand for buying agricultural land is currently taking place extremely excitingly, and increasingly popular. Agricultural land is a type of land that is mainly used for agricultural production; Therefore, buying land will need to go through many different procedures. The process involved in buying and selling land is extremely important; and will need to be done in a transparent manner. Buying land and very important work, and this needs to ensure the completeness of the accompanying documents. So how does “buying agricultural land without a red book” happen? Today, LSX Lawfirm will give you an article about “How to buy agricultural land in Vietnam without a red book?“, as follows:
Legal grounds
Land Law 2013
Buying agricultural land without a red book?
Buying agricultural land without a red book; is the purchase without a land use right certificate attached. This is not in accordance with the provisions of the law on buying and selling agricultural land. According to the general provisions related to the law on agricultural land purchase and sale; then this will need to be in compliance with the regulations; accompanied by a certificate of land use right.
Is there a penalty for buying land without a red book?
The purchase and sale of land must satisfy all conditions; as stipulated in article 188 of the 2013 Land Law.
“Article 188. Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution with land use rights 1. Land users may exercise the rights to exchange and transfer; lease, sublease, inherit, donate, or mortgage land use rights; contribute capital with land use rights when the following conditions are met; a) Having a Certificate; except for the case specified in Clause 3, Article 186; and the case of inheritance specified in Clause 1, Article 168 of this Law; b) Undisputed land; c) The land use right is not distrained to secure judgment enforcement; d) During the land use term.”
However, the purchase and sale of agricultural land; in the case specified in Clause 1, Article 168 of the Land Law 2013:
– In case of conversion of agricultural land use rights; then the land user may exercise his/her rights after a decision on land allocation or land lease is issued;
Thus, the case of agricultural land has not been granted a certificate of land use right; still has the right to sell land when it has been decided by a competent State agency to allocate land, or lease land; Not required to have a red book.
What documents do I need to buy land without a red book?
Step 1: The two parties agree and make a contract to sign a land use right transfer contract; but because there is no Red Book, in some cases, the contract will not be notarized. However, if you fulfill the conditions; and in the case of recognition of the assignment; You can still bring your documents and contracts for notarization
Step 2: Each party prepares a set of documents including:
– Firstly, Notarized contract of the decision on land allocation or lease of agricultural land;
– Secondly, Inheritance will or family meeting minutes on the division of inheritance; which is witnessed by both the assignor and the assignee; other family members;
– Thirdly, Papers that can prove land use rights; according to the provisions of Clauses 1, 2, 5, Article 50 of the 2013 Land Law; – and a copy of an ID card/citizen identification card/passport;
– Finally, the Contract of transfer of land use rights is signed by both parties;
Step 3: Submit this dossier to the Office of Natural Resources and Environment; to carry out the procedures for granting the Certificate of use right; to the transferee in accordance with the order and procedures based on the provisions of law.
Some cases are allowed to transfer land without a red book
Accordingly to the provisions of the law in Article 188 of the Land Law 2013; when the owner wants to transfer the land use right without the Red Book; must be in one of the following cases:
– Firstly, In the case of an heir in the will; is a foreigner or a Vietnamese residing abroad, and those who are not permitted by law to buy houses in Vietnam; then these people will be able to transfer land use rights even if they are not named.
– Secondly, After October 15, 1993, according to Resolution 02/2021/NQ-HDTP; housing transfer cases; without the Red Book are still allowed to include; In case of transfer without a certificate of land use right; at the time of transfer but are provided with evidencing papers; the seller’s land use is legal according to Clause 1,2.5, Article 50 of the Land Law 2013.
– Thirdly, After signing the contract, the buyer has changed the structure of the house; carry out activities other than the purpose of residence; without any objections from the transferor or administrative violations; The transfer of land use rights will be recognized by the Court
– Finally, People are allowed to transfer the right to use agricultural land; if there is no certificate of land use right; but is authorized by a competent State agency to decide on land allocation or land lease; Red Book is not required. If the land user inherited after the transfer wishes to issue a Red Book; certain conditions must be met in order to be granted a land use right certificate; ownership of other assets attached to the land.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “How to buy agricultural land in Vietnam without a red book?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Can rural land be converted to residential land according to Vietnamese law?
Buy land and make a certificate of notarization in Vietnam
Distinguish between red book and pink book in Viet Nam
Related questions
Term of land use is the period of time during which a land user is allowed to exercise his/her land use right as prescribed by the State. There are 2 types of shelf life: Use with a stable long-term and Use with a shelf life. Therefore, depending on the land use purpose recorded in the red book, the land use term will be different.
The answer is possible. Although land and houses have red books and are recognized by the State with land use rights and house ownership rights, they may still be included in the planning scope when the State adjusts the land planning or recovers land in order to restore the land use rights. national security interests or socio-economic development. In this case, the person with the land use right, house ownership, and other land-attached assets will be compensated in accordance with the law.
The answer is yes, except for the case where the person with the land use right is eligible for exemption or reduction of residential land use tax as prescribed in Articles 10 and 11 of Circular 153/2011/TT-BTC.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “How to buy agricultural land in Vietnam without a red book?“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is How to buy agricultural land in Vietnam without a red book?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
