"Red book" (or "pink book") is the everyday language used by people to refer to the certificate of land use rights, ownership of houses and other assets attached to the land, based on the color of the certificate (the concept of "red book" or "pink book" is not defined by law).
Buying and selling land and splitting land titles are two legal issues that go hand in hand, especially if you are only buying a portion of land that already has a land title. So, what documents are needed to carry out the procedure for splitting land titles according to the law?
Accordingly, in order to proceed with the land title separation procedure when selling land, the land plot must meet the following conditions:
The minimum frontage width must comply with the regulations of each Provincial/City People's Committee.
Land plots that are subject to separate land title registration during buying and selling must fall within the permitted scope of land subdivision (according to regulations of the People's Committee of the province/city directly under the Central Government).
The procedure for splitting land ownership certificates is a legal issue of particular interest to many people. (Illustrative image)
The authority responsible for separating land ownership certificates will depend on the specific case, based on three criteria. Firstly, whether the applicant is an individual or an organization. Secondly, whether the applicant is a Vietnamese citizen or a foreigner. Thirdly, the location of the land parcel where the applicant wishes to separate the land ownership certificate.
The detailed procedures for splitting land ownership certificates when selling land in 2023 are as follows:
Step 1: Prepare the documents for splitting the land title.
Land users who wish to split their land title need to prepare a complete set of documents including: the original legal land use right certificate of the land plot to be split, an application for splitting the land title, and a land registration change application form (according to the template).
Step 2: Submit and receive the application for land title separation.
Individuals or households, after completing the necessary documents, can submit them indirectly through the People's Committee of the commune where the land is located or directly to the District/County Land Registration Office. There, the relevant agencies will be responsible for appraising the application for land title separation and advising the competent authority on how to proceed with the separation if all conditions are met.
Step 3: Resolve the land title separation procedure.
When the applications for land title separation are complete and valid, the district-level land registration office will receive and process them, record the information in the land title separation application receipt book, and issue a receipt to the applicant.
Step 4: Issue a new land ownership certificate to the land user.
Within no more than two working weeks from the date of receiving the land title separation application, the competent authority will appraise and issue a new land title to the land user. The issuance of the new land title will be carried out directly at the Land Registration Office or indirectly through the Commune People's Committee if the individual or household submits the application there.
Linh Chi (compiled)
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