How to transfer a Red Book’s ownership in 2023

In 2023, it is crucial to understand the process of transferring ownership of a Red Book. This procedure holds significant importance when it comes to transferring, donating, or inheriting land use rights. To successfully carry out the transfer of a Red Book’s ownership, certain conditions must be met. Additionally, specific documents are required for the transfer of the Red Book’s name. To find answers to these inquiries, we recommend referring to the article provided by NT International Law Firm to find an answer to the question: “How to transfer a Red Book’s ownership in 2023?“.

The prerequisites of tranferring a Red Book’s ownership

Legal Basis:

• Clause 1, Article 118 of the 2014 Housing Law of Vietnam.

Conditions:

1. Valid Land Use Rights Certificate:

   • The Land Use Rights Certificate must be issued according to Vietnamese law, except for cases specified in Clause 2 of Article 118.
   • This ensures the legal validity of the ownership claim.

2. No Disputes or Legal Issues:

   • The property must not be subject to any ongoing disputes, complaints, or lawsuits regarding ownership rights.
   • This protects the buyer from acquiring a property with unresolved legal complexities.

3. Ownership Restrictions:

   • In cases of owning a house for a limited period, the current ownership duration must be within the allowed timeframe.
   • This ensures compliance with any time-based restrictions on ownership.

4. No Debts or Encumbrances:

   • The property cannot have assets seized to execute judgments or comply with administrative decisions.
   • This guarantees the buyer acquires a property free from such obligations.

5. No Land Recovery or Demolition Plans:

   • The land must not be subject to any existing land recovery decisions or notices of house clearance or demolition by a competent State agency.
   • This protects the buyer from acquiring a property facing imminent land seizure or demolition.

Exemptions:

• Conditions related to limited ownership duration and debts do not apply to the buying, selling, or renting of houses to be built in the future.
• This allows for transactions involving future property development projects.

Additional Requirement:

• Both the buyer and seller must have full civil capacity according to Vietnamese regulations.
• This ensures the legal competency of both parties to engage in the transaction.

Conclusion:

By adhering to these legal requirements, individuals can ensure a smooth and legal transfer of ownership of a Land Use Rights Certificate (Red Book).

How to transfer a Red Book’s ownership in 2023

The required documents for the procedure of tranferring a Red Book’s ownership

Legal Basis:

• Land Law of Vietnam (specifically Article 118).
• Decree No. 43/2014/ND-CP on the implementation of the Land Law (specifically Article 70).

General Requirements:

• All documents must be originals and not torn or blurred.
• Information in different documents must be consistent (name, age, date of birth, etc.).
• Birth certificate may be used to correct inconsistencies in other documents.

Specific Documents:

1. Normal Transfer or Sale:

Seller:

• Household registration book
• ID card/CCCD or passport
• Marriage certificate (or certificate of marital status)
• Certificate of land use rights
• Land tax receipt (proof of annual land tax payment)

Buyer:

• Household registration book
• ID card/CCCD or passport
• Marriage certificate (or certificate of marital status)

2. Parents Donating Land to Child:

Donor:

• Household registration book
• ID card/CCCD or passport
• Marriage certificate (or certificate of marital status)
• Certificate of land use rights
• Non-agricultural land tax receipt
• Birth certificate (proving parent-child relationship)

Recipient:

• Household registration book
• ID card/CCCD or passport
• Birth certificate (proving parent-child relationship)

3. Sibling Donating Land to each other:

Donor:

• Household registration book
• ID card/CCCD or passport
• Marriage certificate (or certificate of marital status)
• Certificate of land use rights
• Land tax receipt
• Birth certificate

Recipient:

• Household registration book
• ID card/CCCD or passport
• Birth certificate (proving sibling relationship)

4. Inheritance:

Original Documents:

• Certificate of land use rights
• Documents on inheritance rights

Case 1: Inheritance According to Will:

• Legal will
• Minutes of opening the will with witnesses and confirmation by the People’s Committee
• Death certificate of the testator

Case 2: Inheritance According to Law:

• Judgments and decisions of the Court
• Written agreement between co-heirs and confirmation by the Commune People’s Committee or Notary Office regarding inheritance
• Death certificate of the deceased

Additional Notes for Inheritance:

• In cases where there is only one heir, an application for registration of inheritance is required.
• In cases with multiple heirs, a written refusal to inherit is required if an heir chooses not to inherit.

General Reminders:

• Ensure all required documents are prepared and complete.
• Verify consistency of information across documents.
• Correct inconsistencies in personal documents using the birth certificate.
• Seek legal assistance if needed.

NT International Law Firm has addressed the question of how to transfer a Red Book’s ownership in 2023. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

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.

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