Is it dangerous to lose the red book or pink book?

Red book is the common name of people for land use right certificate, house ownership and land use right certificate, land use right certificate, house ownership and other assets attached to land. When this type of legal document is lost, many people worry about losing related assets such as land and houses.

However, according to Article 105 of the 2014 Civil Code, property is objects, money, valuable papers and property rights. Article 115 clearly stipulates that property rights are rights that can be valued in money, including property rights to intellectual property rights, land use rights and other property rights.

Clause 21, Article 3 of the 2024 Land Law stipulates that the certificate of land use rights and ownership of assets attached to land is a legal document for the State to confirm the legal land use rights and ownership of assets attached to land of the person with land use rights and ownership of assets attached to land.

Property attached to land is granted a certificate of land use rights and ownership of property attached to land, including houses and construction works attached to land according to the provisions of law.

Thus, the certificate is only a document recording the right to use land and the right to legally own property attached to land. Property is the right to use land, houses, and other construction works. Therefore, losing the red book is only losing the document recording the property rights, not the property.

Red book is a legal document for the State to confirm land use rights (Photo: IT).

Red book re-issuance process

Article 39 of Decree 101/2024 stipulates that when a certificate is lost, land users and owners of assets attached to the land have the right to request a re-issuance.

Procedures for reissuing lost red books include:

Step 1: Land users and owners of assets attached to land whose Certificates are lost must submit an application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with Decree 101/2024 to the dossier receiving agency: One-stop department; Office/Branch of the Land Registration Office.

Step 2: After receiving the application, the Land Registration Office will:

- Check information on issued certificates that land users and owners of assets attached to land have declared lost in land records and land databases;

- In case of discovering that the land plot or property attached to the land has been granted a certificate of land use rights, ownership of property attached to the land or is being mortgaged at credit institutions, other economic organizations or individuals according to the provisions of law, notify and return the dossier to the land user or owner of the property attached to the land;

- If it is not a case of transferring rights, the land registration office shall forward the information to the People's Committee of the commune where the land is located; publish the information 3 times in the local mass media within 15 days about the loss of the issued certificate, the cost of publishing the information shall be paid by the land user and owner of the property attached to the land;

Step 3: The People's Committee at the commune level is responsible for

Publicly post information about the loss of the certificate at the headquarters and residential areas where the land is located for 15 days; at the same time, receive feedback during the posting period.

Within no more than 5 days from the end of the posting period, the Commune People's Committee shall make a record of the end of posting and send it to the land registration office.

Step 4: The land registration office cancels the issued certificate; at the same time updates and corrects the cadastral records and land database; and reissues the certificate to the grantee.

In case the supplementary page of the certificate issued before the effective date of Decree 101/2024 is lost, the land user or owner of property attached to the land shall submit an application for registration of changes in land and property attached to the land according to Form No. 11/DK and the original of the issued certificate.

The land registration office checks the information on the supplementary page in the cadastral records and land database; reissues the certificate of land use rights and ownership of assets attached to land with the updated information of the issued certificate and information on the supplementary page.

Source: https://dantri.com.vn/bat-dong-san/mat-so-do-hay-so-hong-co-nguy-hiem-khong-20241022105002170.htm