In what cases is the red book transfer not allowed according to the latest regulations?

Reply: Pursuant to Article 45 of the 2024 Land Law, the following cases cannot transfer the red book name, including:

- Land without red book, pink book or other legal documents as prescribed.

- Land in dispute/dispute not yet resolved by competent state agency, court judgment, decision, arbitration decision not yet effective.

- Land use rights are being seized or other measures are being applied to ensure enforcement of civil judgments.

- Land has expired.

- Land use rights are subject to temporary emergency measures.

At the same time, in some cases, the Red Book cannot be transferred because the transferee is not allowed to receive transfers or gifts of land use rights according to the provisions of Clause 8, Article 45, Land Law 2024, including:

- Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where the land use purpose is changed according to the land use planning and plan approved by competent authorities;

- Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, in strictly protected zones, and in ecological restoration zones of those special-use forests;

- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.

Thus, according to the provisions of the 2013 Land Law or the latest 2024 Land Law, disputed land is not eligible for transfer according to the provisions of law. Therefore, if you want to carry out land transfer procedures, you must first resolve the dispute according to the procedures prescribed by law.