I bought a plot of land from an acquaintance near my house in 2013, and had a handwritten sales contract. Because the two families had a conflict in another case, unrelated to this case, they have not cooperated since then to provide the red book to update the name change to my name on the land use rights certificate. However, I still own this plot of land and 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.

Lawyer Nguyen Tien Hieu, Dai Viet Law Firm, advised that 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 the 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 ask the seller to hand over the original to submit an 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.