Real Estate

How to Obtain a Land Certificate for a 2012 Handwritten Land Purchase Without Tax Payment?

In cases where duplicates of documents, as stipulated by the 2024 Land Law, still exist but the land management authority lacks the corresponding archival records, the red book issuance procedure can be executed in accordance with the provisions of the 2024 Land Law.

Administrator

3 October, 2025

A citizen reported that in 2012, their family purchased agricultural land reclaimed by ethnic minority individuals. The transaction was documented only through a handwritten agreement, and the land had not yet been issued a land use rights certificate (red book).

After the purchase, the family has been using the land steadily until now.

In 2018, the family initiated the process to obtain the red book through a centralized issuance program. The tax authority notified them of the tax amount due for the land and informed the People’s Committee of the commune (pre-provincial merger address) to relay the information to the family.

Subsequently, the commune issued a notice regarding the payment amount. However, due to financial difficulties, the family has not paid the tax since 2018, resulting in the red book not being issued.

Recently, the family contacted the newly merged commune’s People’s Committee to continue the red book issuance process. The committee responded that the time elapsed is significant, and the whereabouts of the file are unclear.

The citizen inquires about the necessary steps to obtain the red book in this situation.

Illustrative image: Hồng Khanh

In response, the Ministry of Agriculture and Environment stated that due to insufficient details in the citizen’s report, there is no basis for a specific reply.

However, the Ministry outlined several principles regarding registration and issuance of land use rights certificates in such cases.

In 2018, when the citizen initiated the red book issuance process, the applicable regulations were the 2013 Land Law and Decree No. 43/2014/NĐ-CP, which provides detailed guidelines for implementing certain provisions of the Land Law.

The procedures for first-time issuance of red books to households and individuals are outlined in Article 70 of Decree No. 43/2014.

Accordingly, after the applicant submits the required documents, the commune-level People’s Committee forwards the file to the Land Registration Office for further processing.

The Land Registration Office performs the tasks specified in Clause 3, Article 70 of Decree No. 43/2014. Specifically, Point g requires that if the land user requests a land use rights certificate, the office sends cadastral data to the tax authority to determine and notify financial obligations.

Thus, if the citizen has not fulfilled their financial obligations, the file is likely still retained by the Land Registration Office. The citizen should contact this office directly for verification and review.

If the land management agency no longer has the file but the citizen retains copies of documents as per Article 137 of the 2024 Land Law, along with confirmation from the commune-level People’s Committee regarding stable, dispute-free land use, they can still apply for the red book while fulfilling their financial obligations as required.

Hồng Khanh

– 10:13 03/10/2025