How to make a red book when buying and selling land with handwritten documents?

I bought a plot of land from an acquaintance near my house in 2013, with a handwritten sales contract. Because the two families had a conflict in another case, unrelated to this case, since then they have not cooperated in providing the red book to complete the procedure of updating the name change to me on the land use rights certificate. However, I still own this plot of land to cultivate it until now, and there is no dispute between the two parties.

So in this case, can I apply for a land use rights certificate (red book)? Where do I go to do it, what are the processes and procedures?

Reader Van Manh.

Thủ tục làm giấy chứng nhận quyền sử dụng đất từ mua bán giấy tờ tay - Ảnh 1. — Lawyer Nguyen Tien Hieu, Dai Viet Law Office, advises on how to make a red book when buying and selling land with handwritten documents.

Lawyer Nguyen Tien Hieu, Dai Viet Law Office, advised, according to Clause 4, Article 2, Circular 14/2023 of the Ministry of Natural Resources and Environment , the dossier submitted when carrying out the procedure for granting a certificate (red book) for the case of transferring land use rights and ownership of assets attached to land before July 1, 2014, in which the transferor has been granted a certificate, but has not yet carried out the transfer procedure according to regulations, is divided into 2 cases:

Firstly, in the case of receiving a transfer, inheritance, or gift with a contract or document on the transfer of rights as prescribed, but the transferor does not hand over the certificate (red book) to the transferee, the dossier includes:

Application for registration of changes in land and assets attached to land according to Form No. 09/DK.
Contract or document on transfer of rights established in accordance with regulations.

Second, in case of receiving transfer or donation of land use rights but not making a contract or transfer document as prescribed, the dossier includes:

Application for registration of changes in land and assets attached to land according to Form No. 09/DK.
Original certificate issued.
Documents on the transfer of land use rights and assets attached to land must have full signatures of the transferor and transferee.

Based on the above regulations, your case is receiving a transfer of land use rights but not making a contract or transfer document in accordance with the provisions of law (such as not being notarized, certified, etc.).

Accordingly, to be granted a land use right certificate by a competent state agency, you need to request the seller to hand over the original to submit the application for a land use right certificate.

If the locality has established a Land Registration Office, people submit their application at the District Branch. If it has not been established, they submit their application at the one-stop department of the District People's Committee.

In case the seller does not deliver, they can sue them in court to request recognition of the validity of the transfer contract. Because according to Clause 2, Article 129 of the Civil Code, a civil transaction has been established in writing but violates the mandatory provisions on notarization and certification, and one party or parties have performed at least 2/3 of the obligations in the transaction, then at the request of one party or parties, the court shall issue a decision to recognize the validity of that transaction. In this case, the parties do not have to perform notarization and certification.

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