Buying and selling land using handwritten documents refers to the transfer of land use rights through a contract, but without notarizing or certifying the sales contract.
Accordingly, the validity of land purchase and sale transactions conducted with handwritten documents is regulated as follows:
- For land transfers prior to July 1, 2014: Clause 1, Article 82 of Decree 43/2014/ND-CP, as amended and supplemented by Clause 54, Article 2 of Decree 01/2017/ND-CP, stipulates the procedures for registration and issuance of land use right certificates for cases where land use rights have been transferred but the transfer procedures have not yet been completed:
“ 1. In the following cases of land use where a Certificate of Land Use Rights has not yet been issued and which do not fall under the provisions of Clause 2 of this Article, the land user shall carry out the procedures for land registration and issuance of the Certificate of Land Use Rights, ownership of houses and other assets attached to the land for the first time in accordance with the provisions of the Land Law and the provisions of this Decree without having to go through the procedure of transferring land use rights; the receiving agency shall not require the recipient of the land use rights transfer to submit a contract or document transferring land use rights as prescribed by law:
a) Land use acquired through transfer or donation of land use rights before January 1, 2008;
b) Land use acquired through transfer or donation of land use rights from January 1, 2008, to before July 1, 2014, with documents proving land use rights as stipulated in Article 100 of the Land Law and Article 18 of this Decree .”
In cases where land transactions were conducted using handwritten documents (without notarization or certification) prior to 1993, the procedure for issuing a land title certificate for the first time is permitted.
According to the above regulations, if you are using land acquired through transfer before July 1, 2014, then when carrying out land registration procedures, the receiving agency is not allowed to require the transferee to submit a notarized or certified contract.
In other words, land transfers made by handwritten documents prior to July 1, 2014, are still recognized as valid.
- For transfers from July 1, 2014 to the present: Point a, Clause 3, Article 167 of the 2013 Land Law stipulates that contracts for the transfer of land use rights, land use rights and assets attached to land between households and individuals must be notarized or certified; otherwise, they will be invalid, except for Clause 2, Article 129 of the 2015 Civil Code.
Therefore, land sales transactions conducted using handwritten documents from July 1, 2014 to the present will not be recognized as valid.
In cases where land is being used but a land use certificate has not yet been issued, the land user shall carry out the procedure for the initial issuance of a land use certificate, ownership certificate for houses and other assets attached to the land, without having to go through the land transfer procedure.
Notably, the receiving agency is not allowed to require the land transfer recipient to submit a contract or document transferring land use rights if:
- Using land acquired through transfer or donation of land use rights before January 1, 2008;
- Land used through transfer or donation of land use rights from January 1, 2008 to before July 1, 2014, with supporting documents proving land use rights;
- Land use acquired through inheritance of land use rights before July 1, 2014.
Therefore, in cases where land transactions were conducted using handwritten documents (without notarization or certification) prior to 1993, the procedure for issuing a land title certificate for the first time is permissible.
BAO HUNG
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