2 ways to identify real and fake red books, avoid being scammed

According to the experience of many real estate websites, there are many ways to check if the red book is real or fake when buying and selling houses and land. Among them, there are 2 popular ways as follows:

Method 1: Check the information and parameters on the red book yourself

According to Circular 23/2014/TT-BTNMT, buyers can check the real/fake red book based on the barcode printed at the bottom of page 4.

Barcode - MV is used to manage and look up information about Certificates and Certificate issuance records.

According to Clause 2, Article 15 of Circular 23/2014/TT-BTNMT, the barcode has the following structure: MV = MX.MN.ST, in which:

MX is the code of the commune-level administrative unit – the area of the land. First, you should compare the administrative unit code of the commune, ward, or town where the land is located with the number on the Certificate.

Note: In case the Provincial People's Committee issues a Certificate to an organization, add the code of the province or centrally-run city before the code of the commune, ward or town managing the land (In this case, the barcode on the certificate has 15 numbers, in other cases there will be 13 numbers on the barcode on page 4)

MN is the code of the year the Certificate was issued, consisting of the last two digits of the year the Certificate was issued. For example: 21 means the Certificate was issued in 2021.

ST is the storage order number of the land registration procedure file corresponding to the Certificate first issued according to the regulations on cadastral records of the Ministry of Natural Resources and Environment .

The provisions related to barcodes in certificates are stipulated in Circular 17/2009/TT-BTNMT effective from December 10, 2009, which has been amended and replaced in Circular 23/2014/ND-CP.

At Point C, Clause 9, Article 6 and Clause 8, Article 7 of Circular 23/2014/ND-CP, it is stated that "Land use right certificates are recorded with the same serial number of land registration procedure records" in case a registration record must be recorded in many certificates due to the content being too long.

From this, it can be seen that land use right certificates can have the same barcode but cannot not have one. Therefore, if the red book does not have a barcode, it is likely to be a fake red book.

Buyers need to check at the land office to be sure because this way of checking real and fake books is only a quick check and the accuracy is not high.

How to identify real and fake red books, avoid being scammed - 1 — Need to look up barcode to check real or fake red book. (Illustration photo)

Check serial number

To know if the red book is real or fake, the buyer needs to carefully check the locations that are often erased such as the book number, land type, book entry number, form of use, duration, area, diagram. If the red book has an additional page, it is necessary to check if this page includes a seal, if the printing method is offset printing, and if the information on the page is erased.

For red books that have been mortgaged many times, it is necessary to check the stamp and signature of the Department of Natural Resources and Environment or the land office.

Check the seal and signature

In fact, some cases of fake red books have inconsistent information about the seal and signature, for example, the title of the person signing on behalf of the Chairman of the People's Committee but the seal says Chairman. Therefore, if you see this sign, it may be a fake book.

However, it should be noted that, because this is a visual inspection method, the accuracy rate is not high. Therefore, those who need to check the Certificate should check the information at the Land Registration Office.

Method 2: Check at the certificate issuing agency - recorded in the red book

For localities that have a land registration office, the Department of Natural Resources and Environment shall issue Certificates of land use rights, house ownership rights and other assets attached to land.

For localities that have not established a Land Registration Office: The Department of Natural Resources and Environment shall issue Certificates of land use rights, house ownership rights and other assets attached to land to organizations, religious establishments; Vietnamese people residing abroad implementing investment projects; foreign organizations and individuals; foreign-invested enterprises;

The People's Committees of districts, towns and provincial cities issue Certificates of land use rights, house ownership rights and other assets attached to land to households, individuals, residential communities, and overseas Vietnamese who are allowed to own houses attached to land use rights in Vietnam.

Buyers can base on the above legal basis to check the authenticity of the red book of the land they intend to buy.

Some other notes before signing a land sale contract

To avoid risks, before signing a land sale contract, you need to pay attention to the following points:

The exact name of real estate sale and purchase contracts: According to the civil code and commercial law, the name of the contract is usually associated with the main subject of the contract, this part is easily overlooked by people.

Information about the subjects participating in the real estate sale and purchase contract: The real estate sale and purchase contract form must include full information about full name, year of birth, ID card/Citizen ID number or passport, place of issue, date of issue and residential address.

If the legal representative is a collective, the real estate sale and purchase contract must include the name, headquarters, business code, business registration certificate, business establishment (if a business), and information about the representative signing.

Information about the property in the real estate sale contract: Information about the property must be clearly stated in the real estate sale contract form such as information about the area, specific location...

Terms related to the value of the real estate purchase contract: Buyers need to pay attention to contents such as the total amount, payment currency and whether this amount is fixed or not.

Rights and obligations of the parties involved

Buying and selling real estate is a complex process and has many risks. Therefore, when buying and selling land, you must be very careful and pay attention to every detail. In case you have no experience in this matter, the buyer should find a reputable lawyer, law firm or an experienced, reputable broker for support.

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