Is it mandatory to register property attached to land in the red book?

After the 2024 Land Law was promulgated and took effect from August 1, issues related to land use right certificates (red books) have been of interest to many people. One of the issues that many people are interested in is the registration of assets attached to land in the red book.

Article 131 of this Law stipulates that land registration is mandatory for land users and those assigned land for management. For properties attached to land such as houses and construction works, registration is required at the request of the owner.

Thus, property attached to land is not required to be recorded in the red book but is registered at the request of the owner. However, if the property attached to land is not registered in the red book, the owner has not been recorded as having ownership of that property.

Information on property attached to land

The information required to be registered is specifically regulated in Circular 10/2024 of the Ministry of Natural Resources and Environment , including the name of the property, characteristics of the property, form of ownership, ownership period, property address, and restrictions on rights to the property.

Article 10 of the circular stipulates that the name of property attached to land has 2 cases. In case the property is a house that is not an apartment, it is shown as "Villa" or "Townhouse" or "Independent house". For individual houses built according to a project, the name of the house is shown according to the housing construction investment project.

A villa project in Hanoi (Photo: Tran Khang).

In case the investor has not sold an apartment building and needs to issue a certificate for the entire building, the name of the apartment building must be shown according to the housing construction investment project that has been approved by the competent authority or the investment policy decision;

In case the property is an apartment, tourist apartment, office apartment combined with accommodation, office, commercial or service establishment, the name of the property is determined by the owner of the property or stated in the sales contract. The Circular gives specific examples such as tourist apartment No. 1306 - Building CT1 or Commercial space No. 02, 2nd floor - Building CT5".

For information on property characteristics, in the case of a single-family home, information including construction area, usable area, number of floors, structure, and construction level is shown.

For properties that are apartments owned by the investor or sold to the buyer, information on the construction floor area and usable area, and construction level according to the sales contract must be shown.

For a fairly large construction project, the information includes the construction area, the construction site area, the usable area (or capacity), the number of floors, the structure, and the construction level. For example, the information is recorded as thermal power plant: 3,000 MW, stadium: 20,000 seats.

Information on the form of property ownership is shown as "Private ownership" in the case of property owned by one owner; and as "Joint ownership" in the case of property owned by two or more owners. In the case of property with a part of private ownership and a part of common ownership, each form of ownership and corresponding area is shown in turn.

Information on the ownership period of assets attached to land is shown as the date of expiration of ownership under the sales contract, the end of the lease term, business cooperation or other form with the land user;

Information on the address of the property attached to the land must include the name of the construction or building if any; house number, apartment, alley, street name if any, name of residential area, name of administrative unit at commune, district, and province levels.

Finally, information on restrictions on ownership of assets attached to land. In case the assets attached to land do not have restrictions on rights, it will be recorded as "-/-".

Source: https://dantri.com.vn/bat-dong-san/co-bat-buoc-phai-dang-ky-tai-san-gan-lien-voi-dat-trong-so-do-20240923135142023.htm