How to Transfer Land Title without the Land Use Rights Certificate

In many real estate transactions, buyers may find themselves in a situation where the seller refuses to hand over the land use rights certificate even after receiving payment. This raises concerns about the legal standing of the buyer and the process of transferring ownership. Fortunately, Vietnamese law provides clear mechanisms for handling such cases based on the transaction date.

Legal Basis for Title Transfer Without the Land Use Rights Certificate

If the transaction is legal and complies with relevant regulations, the buyer still has legal grounds to protect their rights even if the seller does not provide the Land Use Rights Certificate. The procedures for title transfer vary depending on whether the transaction occurred before or after August 1, 2024.

For Transactions Before August 1, 2024

According to Article 42(2) of Decree 101/2024/ND-CP:

1. Buyers With a Valid Contract: If the buyer has a legally recognized contract but the seller refuses to provide the Land Use Rights Certificate, they can submit an application for land title transfer using Form 11/DK, along with the contract or legal documents proving the transaction.
2. Buyers Without a Contract: If no formal contract exists but there are signed documents from both parties confirming the transaction, the buyer can submit:
   • A land change registration application (Form 11/DK)
   • The original Land Use Rights Certificate (if available)
   • Transaction documents with signatures of both parties

Procedure:

• The Land Registration Office (LRO) will notify the seller and the local People’s Committee for public posting.
• If the seller’s whereabouts are unknown, the LRO will publish a notice in local media three times at the buyer’s expense.
• After 30 days with no disputes, the LRO will issue a new Land Use Rights Certificate in the buyer’s name and revoke the old one.
• If a dispute arises, the parties must resolve it through legal channels before title transfer can proceed.

This provision ensures that even if the seller withholds the Land Use Rights Certificate, the buyer can still obtain legal ownership as long as the transaction was conducted in compliance with the law.

Required Documents for Title Transfer

For transactions before August 1, 2024, if the seller does not provide the Land Use Rights Certificate, the buyer needs to prepare:

• Land change registration application (Form 11/DK)
• Certified contract or document proving land transfer
• One complete application set

Step-by-Step Process

1. Submitting the Application:
   • The application can be submitted at:
     • One-Stop Administrative Centers as designated by provincial authorities
     • Land Registration Offices or their branches
2. Application Review:
   • The Land Registration Office reviews the documents and informs the seller and local authorities for public posting.
   • If the seller cannot be contacted, public notices are issued in local media.
3. Resolution and Issuance of New Land Use Rights Certificate:
   • If no disputes arise within 30 days, the new title is issued to the buyer.
   • If the seller refuses to submit the original Land Use Rights Certificate, it will be officially canceled.
   • If a dispute is raised, it must be resolved through appropriate legal channels.

For Transactions After August 1, 2024

If the transaction occurred after August 1, 2024, and the seller refuses to provide the Land Use Rights Certificate, resolution depends on the terms of the sale contract:

Scenario 1: The Contract Specifies Seller Must Provide the Land Use Rights Certificate

Most notarized or certified land transfer contracts include a clause requiring the seller to deliver the Land Use Rights Certificate and related documents. If the seller fails to comply, the buyer can take legal action, which may result in:

• Contractual Penalties: If the contract includes a penalty clause, the seller must pay the agreed penalty amount.
• Compensation for Damages: If the buyer incurs financial loss due to the delay, they can claim compensation, but must provide proof of damages.

Scenario 2: The Contract Does Not Mention the Land Use Rights Certificate Delivery

Even if the contract does not explicitly state that the seller must provide the Land Use Rights Certificate, the buyer can still take legal action to compel the seller to do so. Vietnamese law recognizes the fundamental obligation of the seller to transfer ownership, which includes providing necessary documents.

While a seller’s refusal to provide the Land Use Rights Certificate can complicate the land transfer process, the buyer still has legal avenues to secure their ownership rights. If the transaction occurred before August 1, 2024, the buyer can proceed with title transfer through the procedures outlined in Decree 101/2024/ND-CP. For transactions after this date, the contract terms will determine the legal remedies available. In all cases, buyers should ensure their agreements are legally valid and properly documented to avoid complications.

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