Latest regulations on granting red books for land transfers before July 1, 2014

On October 16, the Ministry of Natural Resources and Environment issued Circular 14/2023/TT-BTNMT amending and supplementing a number of articles of circulars related to the submission and presentation of household registration books and residence-related papers when performing administrative procedures and providing public services in the land sector.

Accordingly, Circular 14/2023/TT-BTNMT has amended the regulations related to residence in the land sector in the following Circulars: Circular 23/2014/TTBTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment regulating the Certificate of land use rights, house ownership rights and other assets attached to land; Circular 24/2014/TTBTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment regulating cadastral records; Circular 34/2014/TTBTNMT dated June 30, 2014 of the Minister of Natural Resources and Environment regulating the construction, management and exploitation of the land information system; Circular 33/2017/TTBTNMT dated September 29, 2017 of the Minister of Natural Resources and Environment detailing Decree 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the Circulars guiding the implementation of the Land Law.

Cases where identification numbers are recorded on the Red Book

Circular 14/2023/TT-BTNMT amends and supplements a number of articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment regulating the Certificate of land use rights, house ownership rights and other assets attached to land.

In particular, Circular 14/2023/TT-BTNMT amends and supplements regulations on recording information of land users and owners of assets attached to land on the Certificate of land use rights, house ownership rights and other assets attached to land (Red Book) from October 16, 2023.

Specifically, for domestic individuals, write "Mr." (or "Mrs."), then write full name, year of birth, name and ID number (if any), and permanent address.

If the identity document is an ID card, write “ID card number:…”; if it is a People's Army ID card, write “ID card number:…”; if it is a Citizen ID card, write “CCCD number:…”;

In case you do not have an Identity Card or Citizen Identification Card, write “Birth Certificate No…” or “Personal Identification Number”.

Thus, from October 16, 2023, in case an individual is granted a Red Book but does not have an Identity Card or Citizen Identification Card, the Birth Certificate number or personal identification number will be recorded (previously, only the Birth Certificate number was recorded).

In addition, the new Circular also adds a case of confirming changes to the issued Certificate when registering changes in land and assets attached to land.

Specifically, land users and owners of assets attached to land, if in need, can have their personal identification number changed on the issued Certificate confirmed at the same time as the procedure for registering changes in land and assets attached to land.

Amendment of land change registration records

In addition to the above content, Circular 14/2023/TT-BTNMT also amends and supplements a number of articles of Circular 24/2014/TT-BTNMT on land records. This Circular stipulates the dossier to be submitted when carrying out procedures for granting a Certificate in cases of transferring land use rights and ownership of assets attached to land before July 1, 2014, in which the transferor has been granted a Certificate but has not yet carried out the transfer procedures.

In case of receiving transfer, inheritance, or donation of land use rights and assets attached to land with a contract or document on transfer of rights as prescribed but the transferor does not hand over the Certificate to the transferee, the dossier includes: Application for registration of changes in land and assets attached to land according to Form No. 09/DK; Contract or document on transfer of rights established as prescribed;

In case of receiving transfer or donation of land use rights without making a contract or transfer document as prescribed, the dossier includes: Application for registration of changes in land and assets attached to land according to Form No. 09/DK; Original copy of the issued Certificate; Documents on the transfer of land use rights and assets attached to land with full signatures of the transferor and the transferee.

In addition, Circular 14/2023/TT-BTNMT also stipulates the dossier to be submitted when carrying out procedures for registering changes in land use rights and ownership of assets attached to land in cases of resolving disputes, complaints and denunciations about land; handling debts of mortgage contracts, capital contributions using land use rights and assets attached to land; seizing and auctioning land use rights and assets attached to land to enforce judgments; dividing, separating, consolidating, merging organizations, converting companies; agreements on consolidating or dividing land use rights and assets attached to land of households, of husband and wife, of groups of land users, including:

First, application for registration of changes in land and assets attached to land according to Form No. 09/DK.

Second, the original issued Certificate, except in cases of implementing a decision or judgment of the People's Court, a judgment enforcement decision of the enforcement agency that has come into effect, or conducting an auction of land use rights and assets attached to land at the request of the People's Court or the enforcement agency without being able to retrieve the original issued Certificate.

Third, one of the following documents: Minutes of successful conciliation (in case of successful conciliation with changes in land plot boundaries, there must be an additional recognition decision of the People's Committee at the competent level) or a decision of a competent state agency on resolving land disputes, complaints and denunciations according to the provisions of law; document on handover of mortgaged assets according to the agreement (if any) and agreement document or mortgage contract with agreement on handling of mortgaged assets; agreement document or capital contribution contract with agreement on handling of contributed assets and document on handover of contributed assets according to the agreement; decision or judgment of the People's Court, decision on enforcement of judgment of the enforcement agency that has been enforced with the content determining the person with land use rights and ownership of assets attached to land; Documents on auction results of land use rights and assets attached to land at the request of land users, asset owners or requests of People's Courts and enforcement agencies that have been executed; contracts or documents on agreement to divide or consolidate or transfer land use rights and ownership of assets attached to land of organizations in case of division, separation, consolidation, merger of organizations, or company conversion; contracts or documents on agreement to divide or consolidate land use rights and ownership of assets attached to land of households or of husband and wife or of a group of joint land users or a group of joint owners of assets attached to land.

Fourth, in case of division or consolidation of land use rights and ownership of assets attached to land of an organization, there must be a document of division, separation, consolidation or merger of the organization according to the provisions of law; in case of division or consolidation of land use rights and ownership of assets attached to land of a household, the contract or agreement document on division or consolidation of land use rights and ownership of assets attached to land must show information on members of the household sharing land use rights and ownership of assets attached to land at the time of land allocation, land lease, recognition of land use rights, or receipt of transfer of land use rights by the State; In case of division or consolidation of land use rights and property ownership rights attached to land of husband and wife, the agency handling the procedure is responsible for exploiting and using information on marital status in the National Population Database. If it is not possible to exploit information on marital status, a copy or presentation of the marriage or divorce certificate must be submitted.

Wisdom

Source