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Buying and selling land with handwritten documents, when buying and selling land through many owners and without a red book, the legal procedures to make a red book can become complicated.
The red book (land use right certificate) is a legal document proving the owner's land use rights, protecting legitimate interests and helping to avoid legal risks. Owning a red book also helps increase the value of the land plot and makes it easier to buy, sell or mortgage transactions.
Land laws have been amended many times over time, so the Certificate issued to land users has many different names.
According to Article 134 of the 2024 Land Law (effective from August 1, 2024), the certificate of land use rights and ownership of assets attached to land (certificate) is issued to people with land use rights, house ownership rights, and ownership of construction works attached to land (according to a unified form nationwide).
One of the principles of granting certificates is to grant them to each land plot for land users and owners of assets attached to land who have the need and meet the conditions prescribed by the 2024 Land Law.
To resolve the situation of land use right documents being under someone else's name (mainly due to handwritten sales), Clause 5, Article 137 of the Land Law stipulates:
"In case a household or individual is using land and has one of the above-mentioned documents on which another person's name is written, accompanied by documents on the transfer of land use rights, but before the effective date of this Law, the procedures for transferring land use rights have not been carried out according to the provisions of law and the land is not in dispute, a Certificate of land use rights and ownership of assets attached to the land shall be granted; financial obligations shall be performed according to the provisions of law".
Thus, the certificate will be granted to the person using the land if they and the land plot meet the conditions for being granted, not to the first owner of the land plot.
Making a red book for land purchased by handwritten documents through many owners is not an easy task, but it can be done if you follow the above steps and prepare all the necessary documents. The most important thing is to always check carefully and comply with legal regulations to ensure your legal rights.
HQ (according to VTC News)