Can I Still Have a Certificate Even If I Bought Land With a Handwritten Paper?

Are you wondering: “Can I still have a Certificate even if I bought land with a handwritten paper?” . In other words, does a handwritten paper suffice for land purchase and obtaining a Certificate? NT International Law Firm delves into this matter in their forthcoming article. Stay tuned to uncover the intricacies of land ownership and the conditions for securing a Certificate.

Can I still have a Certificate even if I bought land with a handwritten paper?

According to current legal regulations, there are two circumstances where purchasing land through a handwritten document can still result in the issuance of a Red Book (Certificate of Land Use Rights):

Case 1: Pre-2008 Transfer

As per the provisions of Clause 54, Article 2, if a land user falls into any of the following categories and does not meet the criteria outlined in Clause 2, Article 82 of Decree 43/2014/ND-CP, the person currently utilizing the land is permitted to initiate land registration procedures and obtain a Red Book for the first time, in accordance with land regulations, without being subjected to land use rights transfer procedures:

• The land user is utilizing the land due to having received a transfer of land use rights prior to January 1, 2008.

Case 2: 2008-2014 Transfer with Documentation

The land user is utilizing the land due to having received a transfer of land use rights between January 1, 2008, and before July 1, 2014, and possesses documentation on land use rights as prescribed in Clause 1 of 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).

Furthermore, upon receiving applications for the issuance of a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to the Land, the receiving agency is prohibited from demanding that the applicant undergo land use rights transfer procedures or submit a contract or document transferring land use rights according to the provisions of law.

Consequently, if the land use rights recipient possesses a handwritten land transfer document and falls into one of the aforementioned scenarios, they will still be granted a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to the Land, in accordance with legal provisions.

Additional Procedure for Pre-2014 Transfers

In cases where the current land user received a transfer of land use rights prior to July 1, 2014, and only possesses a certificate from the transferor of land use rights, the recipient must submit an application to the Registration Office located in the area where the land is situated. The Registration Office will then review the application and make a determination regarding the issuance of a Certificate of Land Use Rights, Ownership of Housing and Assets Attached to the Land, or the need for further documentation to resolve the matter.

Can I still have a Certificate even if I bought land with a handwritten paper?

Conditions for Issuing Land Use Rights Certificates for Land Purchased with Handwritten Documents

The purchase of land using handwritten documents is not legally valid, as per the 2013 Land Law. Clause 1, Article 127 of the law mandates that land use rights transfer transactions must be made in writing and notarized. Handwritten land transfer contracts, without notarization, lack legal validity. For such contracts to have legal effect, both parties must sign a written land use rights transfer contract and have it notarized.

According to Point c, Clause 1, Article 99 of the Land Law, land buyers and sellers are granted certificates of land use rights, ownership of houses and assets attached to the land (Red Book) upon the effectiveness of the land use rights transfer contract.

Article 99. Granting of Certificates of Land Use Rights

The State issues Certificates of land use rights, ownership of houses and other assets attached to land for the following cases:

a. Individuals who receive land use rights through conversion, transfer, inheritance, or donation;

b. Individuals who receive land use rights as a form of capital contribution;

c. Recipients of land use rights in cases involving mortgage contracts using land use rights to recover debt.

Conditions for Issuing Land Use Rights Certificates for Land Purchased with Handwritten Documents

The Procedure of Issuing Land Use Rights Certificates for Land Purchased with Handwritten Documents

Required Documents

Land users seeking a Certificate of Land Use Rights (Red Book) for the first time need to prepare a comprehensive set of documents, including:

1. Application for issuance of a Certificate of Land Use Rights

2. Handwritten land transfer document

3. Proof of identity of the land user and the land transferor

4. Documents related to land use rights transfer, such as tax receipts or notarized statements

5. Site plan of the land parcel

6. Other relevant documents as requested by the Land Registration Office or the Department of Natural Resources and Environment

Submission Process

Once the documents are assembled, the land user or their representative submits them to the Land Registration Office or the Department of Natural Resources and Environment in the district, city, or province where the land parcel is located.

Dossier Review and Field Verification

The receiving agency will conduct a thorough review of the submitted documents to ensure their validity and completeness. They may also conduct field verification to confirm the authenticity of the land transfer and the accuracy of the land parcel information.

Issuance of Land Use Rights Certificate

Upon successful verification, the agency will proceed with issuing the Land Use Rights Certificate. This process involves:

1. Notifying the applicant of any financial obligations related to the certificate issuance.

2. Preparing necessary documents and reports, including the draft certificate, for submission to the authorized People’s Committee.

3. Obtaining approval from the competent authority.

4. Completing additional procedures, including updating cadastral records and national databases.

5. Handing over the Land Use Rights Certificate to the applicant.

Invalid Dossiers

If the submitted dossier is deemed invalid due to missing or incomplete documents, the agency will instruct the applicant to rectify the deficiencies. In cases where the applicant is ineligible for a Red Book, the dossier will be returned.

Processing Timeframe

As per Clause 40, Article 2 of Decree 01/2017/ND-CP, the entire process of issuing a Land Use Rights Certificate upon receiving a complete and valid dossier should not exceed 15 days.

The Procedure of Issuing Land Use Rights Certificates for Land Purchased with Handwritten Documents

NT INTERNATIONAL LAW FIRM has addressed the question of whether using a handwritten document for land purchase can result in the issuance of a Red Book (Certificate of Land Use Rights). While handwritten land transfer documents are generally not considered legally valid, there are specific circumstances where they may still be accepted for Red Book issuance. However, it is strongly recommended to utilize formal, notarized contracts for land transfers whenever possible to ensure the legal validity and simplify the Red Book issuance process.

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If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.