Principles for granting the latest red book (land use right certificate)

What are the principles for granting red books according to current regulations? What is the application form for a red book? – Reader Ngoc Lan

Nguyên tắc cấp sổ đỏ (giấy chứng nhận quyền sử dụng đất) mới nhất

Principles for granting the latest red book (land use right certificate)

The principles for granting red books (Certificates of land use rights, house ownership rights and other assets attached to land) are stipulated in Article 98 of the 2013 Land Law as follows:

- Certificate of land use rights, house ownership rights and other assets attached to land is issued for each land plot.

In case a land user is using many agricultural land plots in the same commune, ward or town, upon request, he/she shall be granted a common Certificate of land use rights, house ownership rights and other assets attached to land for those land plots.

- For a land plot with many people sharing the right to use the land, many people sharing the right to own a house or other assets attached to the land, the Certificate of land use rights, house ownership rights and other assets attached to the land must:

+ Record full names of people sharing land use rights, co-owners of houses and other assets attached to the land; and

+ Issue 01 Certificate to each person;

In case the users and owners request, a single Certificate will be issued and given to the representative.

- Land users, house owners and other property owners attached to land shall receive the Certificate of land use rights, house ownership rights and other property owners attached to land after fulfilling financial obligations as prescribed by law.

In case the land user, house owner, or other property owner attached to the land is not subject to financial obligations or is exempted or has financial obligations recorded in debt, and in case of land lease with annual land rent payment, the land user or house owner or other property owner attached to the land shall receive the Certificate of land use rights, house ownership rights, and other property attached to the land immediately after the competent authority issues it.

- In case the land use right or land use right, house ownership right and other assets attached to land or house ownership right and other assets attached to land are the common property of husband and wife, both the wife's and husband's full names must be recorded on the Certificate of land use right, house ownership right and other assets attached to land, except in cases where the husband and wife have agreed to record only one person's name.

In case the land use right or land use right, house ownership right and other assets attached to land or house ownership right and other assets attached to land are the common property of husband and wife and the issued Certificate only records the full name of the husband or wife, a replacement Certificate of land use right, house ownership right and other assets attached to land may be issued to record both the full name of the wife and the full name of the husband if requested.

- In case there is a difference in area between the actual measurement data and the data recorded on the documents specified in Article 100 of the 2013 Land Law or the issued Certificate, but the boundary of the land plot in use has not changed compared to the boundary of the land plot at the time of the land use right documents, and there is no dispute with adjacent land users, then when issuing or reissuing the Certificate of land use rights, house ownership rights and other assets attached to the land, the land area is determined according to the actual measurement data. The land user does not have to pay land use fees for the larger difference in area, if any.

In case of re-surveying, if the land plot boundary changes compared to the land plot boundary at the time of having the land use right documents and the actual measured land area is larger than the area recorded on the land use right documents, the larger difference in area (if any) will be considered for granting a Certificate of land use rights, house ownership rights and other assets attached to the land according to the provisions of Article 99 of the 2013 Land Law.