Vietnam: 4 new points on the red book from February 08, 2021 that everyone should know

1. Branches of land registration offices have the competence to grant, renew and reissue red book

According to Clause 2 Article 60 of the Decree No. 43/2014/NĐ-CP of Vietnam’s Government, agencies receiving dossiers and notifying results of settlement of procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates are only land registration offices.

However, according to Clause 19 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government (effective from February 08, 2021), amending Clause 2 Article 60 of the Decree No. 43/2014/NĐ-CP, from February 08, 2021, agencies receiving dossiers and notifying results of processing of registration application documentation for land and other land-attached property; granting, renewing or reissuing, land registration Certificates are land registration offices and branches of land registration offices.

Thus, in the near future, to carry out the procedures for granting, re-granting, and renewing red books, people can submit documents at the land registration offices and branches of land registration offices.

Besides, based on specific local conditions, provincial-level People's Committees shall promulgate regulations on receipt, circulation of dossiers, settlement and notification of results of settlement of registration documentation for land and other land-attached property; issue, renew, and reissue Certificates within the time limits prescribed in laws, publicly announce administrative procedures and selection of locations for submission of dossiers at the land registration offices or one of the branches of land registration offices within the territories of provinces, or locations requested by land users or owners of land-attached property.

2. People can choose the time and place to make the red book

According to Clause 19 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government, amending Clause 2 Article 60 of the Decree No. 43/2014/NĐ-CP, if land registration offices and branches of land registration offices receive dossiers and notify results of settlement of registration procedures for land and other land-attached property; grant, renew and re-grant Certificates as requested by land users or owners of land-attached property, the time and places of dossier receipt and notification of administrative settlement results shall be agreed upon between requesting persons and land registration offices or branches of land registration offices on condition that such time does not exceed the time of implementation of administrative procedures regulated by the provincial People's Committees.

It can be seen that this is an open regulation that has not been mentioned before. According to this provision, the Government allows that the time and place for the issuance, renewal and re-issuance of the red book will be according to the agreement between requesting persons and land registration offices or branches of land registration offices on condition that such time does not exceed the time of implementation of administrative procedures regulated by the provincial People's Committees.

3. Consolidation and swap of land parcels shall be issued with red book

According to Clause 24 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government, amending Point c Clause 1 Article 76 of the Decree No. 43/2014/NĐ-CP, renewal of red book ịn case of “consolidation and swap of land parcels” is completely abolished. Thus, after amending, cases of renewal of red book include:

- Land users that wish to change certificates of house ownership or certificates of ownership of construction works or certificates granted before December 10, 2009, into certificates of land use rights and ownership of houses and other land-attached assets;

- Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;

- Re-survey and re-measurement of areas and sizes of land parcels;

- Request for writing of full names of both husband and wife in the certificates, in case land use rights are or ownership of land-attached assets is common assets of husband and wife but the certificates only indicate the full name of either of them.

Concurrently, according to Clause 25 Article 1 of the Decree No. 148/2020/NĐ-CP amending Clause 5 Article 78 of the Decree No. 43/2014/NĐ-CP on order and procedures for exchanging agricultural land use rights of households and individuals for consolidation and swap of land parcels, when conducting consolidation and swap of land parcels, households and individuals using land submit application dossiers for Certificates.

Thus, it can be seen that from February 08, 2021, consolidation and swap of land parcels shall be subject to issuance of red book instead of renewal as previously regulated.

4. Amending and supplementing provisions on revocation of the Certificate issued in contravention of regulations

According to Clause 26 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government, amending Clause 4 Article 87 of the Decree No. 43/2014/NĐ-CP, the revocation of the Certificate that was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets shall be subject to the following regulations:

- In case the People's Court having jurisdiction to settle land-related disputes has an effective judgment or decision, including the conclusion regarding revocation of the issued Certificate, the revocation of that Certificate must adhere to that judgment or decision;

- In case the investigation or inspection agency makes a written conclusion that the certificate has been granted in violation of the land law, the competent state agency shall consider whether such conclusion is correct and, if it is correct, shall decide to withdraw the granted certificate; in case of determining that the certificate has been granted lawfully, must notifying this to the inspection agency; 

- In case the state agency competent to grant the red book under the provisions of Article 105 of the Law on Land of Vietnam and Article 37 of this Decree finds that the certificate has been granted in violation of the land law, they must carry out re-examination and notify land users of clear reasons for this and decide to revoke the unlawful Certificate;

- If the land user or owner of land-attached property discovers that the red book has been issued in violation of regulations of the laws on land, they can file the written petition to the state agency having authority to issue that red book. The state agency competent to grant certificates of land use rights and ownership of houses and other land-attached property shall be responsible for checking, considering and deciding the revocation of the Certificate issued in breach of land laws.

Note: The agency having authority to revoke Certificates is the agency having authority to issue Certificates that exist at the time of revocation of Certificates.

Thus, the Decree No. 148/2020/NĐ-CP of Vietnam’s Government has amended the provision that agencies competent to revoke red books in cases of red book revocation according to court judgments or decisions; according to the inspection conclusion of the inspection agency; according to the notice of the land user, according to the decision of the competent state agency which is the authority to issue the red book at the time of red book revocation.

Le Vy

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