Buying and selling land by handwritten paper is understood as the transfer of land use rights through a contract but without notarizing or certifying this sale and purchase contract.
Accordingly, the validity of land sale and purchase transactions by handwritten documents is stipulated as follows:
- In case of land transfer before July 1, 2014: Clause 1, Article 82 of Decree 43/2014/ND-CP is amended and supplemented by Clause 54, Article 2 of Decree 01/2017/ND-CP regulating the procedures for registration and issuance of Certificates in cases where land use rights have been transferred but the transfer procedures have not yet been carried out:
“ 1. In the following cases of land use that have not been granted a Certificate and are not subject to the cases specified in Clause 2 of this Article, the land user shall carry out land registration procedures, grant a Certificate of land use rights, house ownership rights and other assets attached to land for the first time in accordance with the provisions of the Land Law and the provisions of this Decree without having to carry out procedures for transferring land use rights; the dossier receiving agency shall not request the transferee of land use rights to submit contracts and documents on land use rights transfer in accordance with the provisions of law:
a) Using land through transfer or donation of land use rights before January 1, 2008;
b) Using land through transfer or donation of land use rights from January 1, 2008 to before July 1, 2014, with documents on land use rights as prescribed in Article 100 of the Land Law and Article 18 of this Decree .
In case the parties bought and sold land by handwritten documents (without notarization or certification) before 1993, the procedure for issuing the first red book can be carried out.
According to the above regulations, if the land is being used due to transfer before July 1, 2014, when carrying out land registration procedures, the agency receiving the application is not allowed to request the transferee to submit a notarized or certified contract.
In other words, land transfer cases by handwritten documents before July 1, 2014 are still recognized as valid.
- In case of transfer from July 1, 2014 to present: Point a, Clause 3, Article 167 of the 2013 Land Law stipulates that contracts for transfer of land use rights, land use rights and assets attached to land between households and individuals must be notarized and certified or they will be invalid, except for Clause 2, Article 129 of the 2015 Civil Code.
Therefore, land sales by handwritten documents from July 1, 2014 to present will not be recognized as valid.
In case the land is being used but has not been granted a Certificate, the land user shall carry out the procedures for the first issuance of a Certificate of land use rights, house ownership rights and other assets attached to the land without having to carry out procedures for transferring land use rights.
Notably, the agency receiving the application is not allowed to request the transferee of land use rights to submit the contract or document on land use rights transfer if:
- Use of land by transfer or donation of land use rights before January 1, 2008;
- Using land through transfer or donation of land use rights from January 1, 2008 to before July 1, 2014 with documents on land use rights;
- Use of land due to inheritance of land use rights before July 1, 2014.
Thus, in cases where parties bought and sold land by handwritten documents (without notarization or certification) before 1993, they can carry out the procedure for issuing the first red book.
BAO HUNG
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