According to Mr. Nguyen Van Dinh, real estate legal expert, Article 138 of the Land Law 2024 recently passed by the National Assembly stipulates the issuance of certificates of land use rights and ownership of assets attached to land ( called “red book”) for households and individuals that are using land without documents on land use rights without violating land law, and are not in cases of unauthorized land allocation.
Accordingly, the draft has expanded, allowing the issuance of red books for cases of land use before July 1, 2014, and now confirmed by the Commune People’s Committee that there is no dispute, land use rights will be recognized.
This regulation is actually being applied, only extending the deadline from before July 1, 2004 to before July 1, 2014, which is “extended” by 10 years compared to the 2013 Land Law. Save Note that Article 138 is to handle the issuance of books for cases that do not violate land law, do not allocate land without authority, meaning that there is no illegal act such as land encroachment.
This law mainly deals with cases where the land left by ancestors has been used for a long time, but it may be due to people in areas with difficult socio-economic conditions, due to Limited understanding of the law or because people do not have a need to transfer land, they do not register to issue red books.
“I agree with this expansion to ensure harmony of people’s rights. The most important thing here is that people do not violate land laws, do not allocate land illegally, so it needs to be protected. benefits for them“, Mr. Dinh emphasized.
However, according to Mr. Dinh, in reality it will not be easy to complete the issuance of red books to people.
For example, if people still do not submit documents to carry out procedures for granting land use rights certificates, state agencies have no basis to do so.
In addition, in some cases where land was previously allocated by the Commune People’s Committee, it was in the case of land allocation without authority, so they also encountered problems in applying for red books.
Furthermore, the procedure for asking the Commune-level People’s Committee to confirm that the land is not disputed also arises inadequacies in the case of civil disputes between land users (typically in cases where land is transferred through many common people). via handwritten paper or in cases where parents leave an inheritance or donate land use rights to their children but there are conflicts and disputes between the children about inheritance rights…).
Regarding the purchase and sale by deposit contract, Mr. Dinh said that the deposit transaction to transfer land use rights as above is legal and not against the law, but the parties need to clearly agree in writing. , sign a deposit contract with detailed and specific terms on the rights and obligations of the parties.
The information customers need to pay attention to is information about the transferred land plot; Deposit amount and deposit transfer method; land use rights transfer price and form and payment term; Financial obligations when issuing red books to Party A and who bears this obligation; Contract execution time; Responsibilities of Party A and Party B if they do not properly perform their obligations (deposit amount); rights and obligations of the parties…
According to the law, deposit contracts are not required to be notarized, however, with contracts of great value, the parties need to choose notarization to ensure their rights and prevent disputes from occurring. go out. The delivery and receipt of the deposit should also be done through the bank, with a delivery record.
Chau Anh