The purchase and transfer of land use rights by way of a handwritten agreement, without notarization or certification, was relatively common in the past. When seeking to formalize their land use rights in 2026, many people are particularly concerned about the following question: Can land purchased under a handwritten agreement still be granted a Certificate of Land Use Rights and Ownership of Land-Attached Assets (the “Red Book”/“Pink Book”)?
The answer is YES, but the relevant transfer date and statutory conditions must be precisely satisfied under the 2024 Land Law.
1. Applicable Legal Grounds
- The 2024 Land Law: Provides for the issuance of Certificates of Land Use Rights and Ownership of Land-Attached Assets to households and individuals currently using land acquired through a transfer but who have not yet been granted a Certificate, including under Clause 3, Article 138, Article 140 and relevant implementing provisions.
- Decree No. 101/2024/ND-CP: Provides detailed regulations on basic land investigation; registration and issuance of Certificates of Land Use Rights and Ownership of Land-Attached Assets; and the land information system.
- The 2015 Civil Code: Provides for the validity and conditions for validity of civil transactions, particularly Articles 117 and 129.
2. Transfer Dates That Determine Whether a Land Use Rights Certificate Can Be Issued for Land Purchased Under a Handwritten Agreement
Unlike previous regulations, the 2024 Land Law has expanded and clarified the relevant periods for recognizing land use rights in cases where land is acquired through a transfer without notarization or certification.
Persons currently using land acquired through a handwritten agreement should therefore determine the date on which the transaction was established and compare it with the following periods:
Period 1: Purchase or Transfer Before 1 July 2014
Where a household or individual is currently using land acquired through a handwritten land use rights transfer agreement entered into before 1 July 2014, but has not yet been granted a Certificate:
- Prospect of obtaining a Certificate: Relatively high.
- Key conditions:
- The land parcel is not subject to any dispute;
- The land use is consistent with the applicable district-level land use planning or the applicable general or zoning plan for the urban area;
- The commune-level People’s Committee where the land is located confirms that the land is not subject to any dispute and verifies its origin and the commencement of stable land use.
Period 2: Purchase or Transfer from 1 July 2014 to Before the Effective Date of the 2024 Land Law (1 August 2024)
Clause 3, Article 138 of the 2024 Land Law and its implementing regulations have expanded the mechanism for considering the issuance of Certificates in respect of land without legal documents that was acquired through a transfer before 1 August 2024.
- Prospect of obtaining a Certificate: The case may be considered under the regime applicable to households and individuals using land without legal documents, provided that no land law violation has occurred or any administrative violation concerning land has been dealt with before the issuance of the Certificate is considered.
- Key conditions:
- The land has been used stably;
- The land use does not violate applicable land-use planning requirements, or is consistent with the applicable planning at the time of application;
- The land does not fall within cases involving land allocation beyond the competent authority’s jurisdiction or unlawful encroachment;
- The commune-level People’s Committee confirms that the land is not subject to any dispute.
Period 3: Purchase or Transfer from 1 August 2024 Onwards
- Prospect of obtaining a Certificate: GENERALLY NOT AVAILABLE ON THE BASIS OF SUCH HANDWRITTEN TRANSFER.
- Reason: The 2024 Land Law requires land use rights transfer agreements entered into by households and individuals to be notarized or certified. Accordingly, a handwritten transaction established from 1 August 2024 onwards may fail to satisfy the statutory form requirements, and the land registration authority may refuse to process an application for issuance of a Certificate based on such transaction.
3. Conditions for Obtaining a Land Use Rights Certificate in 2026
Even where the date of the handwritten purchase falls within a period in which the law permits consideration of the issuance of a Certificate, the applicant must still satisfy the following four core conditions:
| Condition | Key Requirements |
|---|---|
| Stable land use | Documents evidencing the commencement and continuity of land use, such as annual land tax receipts, household registration/residence documents, temporary residence records, utility bills bearing the purchaser’s name, etc. |
| No dispute | The commune-level People’s Committee verifies the current status of the land, publicly posts the verification results and confirms that the land is not subject to complaints, lawsuits or disputes with the seller or neighboring land users. |
| Consistency with land-use planning | The land parcel is not located within a safety corridor for protected infrastructure and is not subject to land recovery for national defense, security, or socio-economic development purposes where a notice of land recovery has been issued. |
| Fulfilment of financial obligations | The purchaser must pay land use levy, if applicable, based on the applicable land price, registration fee and other land-related charges and fees as notified by the competent tax authority. |
4. Application and Procedures for Obtaining a Land Use Rights Certificate for Land Purchased Under a Handwritten Agreement
The current land user should prepare one set of application documents and submit it to the competent One-Stop-Shop Division or the relevant Branch of the Land Registration Office where the land is located.
Required Documents
- Application for registration of land and land-attached assets, using the prescribed form;
- Original handwritten agreement for the purchase or transfer of the land between the parties, or other relevant documents such as a power of attorney or payment receipt, where available;
- A copy of the seller’s Certificate of Land Use Rights, if the original land parcel has already been granted a Certificate but only part of the land was transferred and the relevant subdivision has not yet been completed;
- Documents evidencing stable land use, such as land tax receipts, infrastructure service payment receipts, and personal documents evidencing residence at the address of the land parcel;
- Citizen Identity Card of the person applying to have the Certificate issued in his/her name;
- Tax and fee declarations using the forms prescribed by the competent tax authority.
Processing Procedure
- Step 1 – Verification: The commune-level People’s Committee conducts a site inspection, compares the actual land status against cadastral records, and obtains opinions from the local residential community regarding the origin and commencement of land use.
- Step 2 – Public Posting: The commune-level People’s Committee publicly posts the verification results at its office and in the relevant residential area for 15 days to receive comments, complaints or objections.
- Step 3 – Application Assessment: The Branch of the Land Registration Office conducts cadastral surveying of the land parcel, verifies the conditions for issuance of the Certificate, and sends the relevant information to the tax authority.
- Step 4 – Payment of Taxes and Collection of the Certificate: The applicant fulfils the financial obligations specified in the tax notice and receives the Certificate of Land Use Rights and Ownership of Land-Attached Assets according to the scheduled date.
5. Common Legal Risks and Remedial Measures
- The former seller changes their mind and demands the return of the land: As land prices increase, the former owner may seek to invalidate the handwritten agreement and reclaim the land. Recommended measure: The purchaser should promptly collect documents confirming the boundaries of the land parcel, retain tax payment receipts bearing the purchaser’s name, and submit the application for issuance of the Certificate as soon as possible to establish and protect their legal position.
- The land is subject to planning restrictions or an undisclosed dispute: Since a handwritten transaction generally does not undergo a formal legal due diligence process, the purchaser may unknowingly acquire land involved in an inheritance dispute or other dispute among members of the former owner’s family. Recommended measure: The purchaser should request cadastral extracts or relevant cadastral information from the competent commune/ward-level authority to verify the legal and actual status of the land before proceeding with the application.
In 2026, the possibility of obtaining a Land Use Rights Certificate for land purchased under a handwritten agreement remains available in certain cases, particularly where the transaction was established before the statutory cut-off dates and the land satisfies the requirements concerning stable use and absence of disputes.
Land users should proactively review their purchase documents and complete the relevant land registration procedures as soon as possible in order to safeguard their lawful property rights and minimize potential legal risks.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong