Red book (or red cover) is a familiar way that people often call "Certificate of land use right and house use right" based on the color of this document. So, in which case is the red book issued by the State?
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LawNet would like to give answer on this issue as following:
Pursuant to Clause 1 Article 99 of the Land Law 2013 of Vietnam, the State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the following cases:
(1) Current land users who are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Articles 100, 101 and 102 of the Land Law 2013, specifically as:
- Grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights;
- Grant of a certificate of land use rights and ownership of houses and other land- attached assets to households and individuals that are using land and have no documents on land use rights;
- Grant of a certificate of land use rights and ownership of houses and other land- attached assets to organizations and religious institutions that are using land.
(2) People who are allocated land or leased land by the State from the date this Law takes effect;
(3) People who are allowed to exchange, acquire, inherit, receive land use rights as a donation, or receive land use rights contributed as capital, or to receive land use rights upon settlement of contracts on mortgage with land use rights to recover debts;
(4) People who are entitled to use land as a result of the successful conciliation of land disputes, a judgment or decision of the People’s Court, a judgment enforcement decision of the judgment enforcement agency, or a decision on settlement of land disputes, complaints or denunciations of a competent state agency, which has been executed;
(5) The auction winner of the land use right;
(6) People who use land in industrial parks, industrial parks, export processing zones, hi-tech zones or economic zones;
(7) People who buy houses and other land-attached assets;
(8) People who buy houses attached to residential land liquidated by the State or buy state- owned houses;
(9) People who use split or consolidated land parcels; a group of land users or members of a household, husband and wife, organizations using land who split or consolidate the existing land use rights;
(10) Land users who request change or re-grant of a lost certificate.
The above are 10 cases in which the State considers issuing red books, people carry out the procedures for red book issuance when fully meeting the conditions specified in the Land Law 2013, Decree No. 43/2014/ND-CP and Decree No. 01/2017/ND-CP of Vietnam.
In addition, the good news is that in the near future (from February 8, 2021), people will be able to complete the procedures for the issuance of the Red Book faster if they deal with the Land Registration Office/Branch and meet the deadline regulated by the People's Committee of the province (Clause 19 Article 1 of the Decree No. 148/2020/ND-CP amending and supplementing Article 60 of Decree No. 43/2014/ND-CP).
Thu Ba
