07/10/2022 09:33

Distinguish between the Red Book issued to households and the Red Book issued to individuals in Vietnam

Distinguish between the Red Book issued to households and the Red Book issued to individuals in Vietnam

What is the difference between the Red Book issued to households and the Red Book issued to individuals – Why when selling or buying land must determine whether the land is allocated to households or land allocated to individuals, this is always a question of many people. Here are some important criteria to distinguish between Red Book issued to households and Red Book issued to individuals.

Criteria

Household

Individual

Concept

Households using land are those who are related by marriage, blood, and nurture in accordance with the law on marriage and family, are living together, and have the right to use common land allocated or leased by the State of Vietnam, and land use rights are recognized by the State; transfer of land use rights.

Therefore, members of a household have the same land use rights when fully meeting two conditions: 

- Having marriage, blood, and nurturing relationships.

- Being living together and having common land use rights at the time of land allocation, land lease, or recognition of land use rights by the State; receive the transfer of land use rights (that is, it can be understood that the members of the household are living together at the time the household is granted the common land use right).

 

Individual land user means a person who has the right to use land due to land allocation, lease by the State, recognition of land use right or receipt of land use right transfer through the following forms: transfer, recognition. design, receive, donate or exchange land use rights with other people.

 

The information recorded on the cover of the red book

- Write "Household, including Mr." (or "Household, including Mrs."), then write the full name, year of birth, name and number of personal papers of the householder; residential address of the household.

- In case the head of household does not have the right to use the common land of the household, write the representative who is another member of the household who has the same land use right of the household.

- In case the head of the household or another representative of the household has a spouse who has the same land use right of the household, write the full name and year of birth of that wife or husband;

 

Write “Mr” (or “Mrs”), then write your full name, year of birth, name, and number of personal papers, permanent address.

Transfer Conditions

- Having met the conditions as prescribed in Article 188 of the Land Law 2013

- Must have the consent of all members of the household who are adults with full civil act capacity.

Land use right is the private property of the holder of the Red Book, so that individual has the full right to decide on the transfer, donation, inheritance, etc. if all conditions are met as prescribed in Article 188 of the Land Law 2013.

Legal basis

- Law of the land of Vietnam 

 Circular 33/2017/TT-BTNMT of Vietnam 

Circular No. 23/2014/TT-BTNMT  of Vietnam 

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Sang Nguyen
22


Please Login to be able to download
Login
Register

  • Address: 17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286 (6 lines)
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;