Is an Unnotarized Land Purchase Agreement Eligible for a Red Book Certificate?

First, one party in the contract is a real estate business organization

Point b Clause 3 Article 167 of the 2013 Land Law stipulates that a land use rights transfer contract, land use rights and attached assets transfer contract, or an assets on land transfer contract where one or both parties are real estate business organizations must be notarized or authenticated upon request of the involved parties.

Second, the contract was made before January 1, 2008

According to Clause 1 Article 82 of Decree 43/2014/ND-CP, if the transferee of land use rights prior to January 1, 2008 has not been issued a land use right certificate and does not have notarized documents regarding the transfer of land use rights, the transferee must proceed with land registration and land use right certification without going through the procedure for the transfer of land use rights.

The agency receiving the dossier must not require the transferee to submit the contract or documents transferring the land use rights as prescribed by law.

Illustrative image (source: internet)

Third, the contract was made before July 1, 2014

According to Clause 2 Article 82 of Decree 43/2014/ND-CP, the transferee of land use rights who only has the certificate of the transferor or documents regarding the transfer of land use rights (without notarization) made before July 1, 2014, is still eligible to be issued a land use right certificate.

Fourth, two-thirds of the contractual obligations have been fulfilled

In cases where the land purchase agreement is not notarized but meets the conditions prescribed in Clause 2 Article 129 of the 2015 Civil Code, it is still eligible for a land use right certificate, specifically:

- The transaction is established in writing.- One party or both parties have performed at least two-thirds of the obligations in the contract, and the parties request the court to recognize the validity of the contract.- The court issues a decision recognizing the validity of the contract.

Duy Thinh

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