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Some new regulations on red books from October 16, 2023
Circular 14/2023/TT-BTNMT amends the Circular related to the submission and presentation of household registration books and residence-related papers when performing administrative procedures and providing public services in the land sector, effective from October 16, 2023.
In particular, there are some new regulations on red books such as: removing the requirement of a paper household registration book, regulations on cases where it is not necessary to submit the original red book; identification numbers can be recorded on the red book, etc.
1. Enter personal identification number in the red book
Circular 14/2023/TT-BTNMT has amended and supplemented regulations on recording information of land users and owners of assets attached to land on red books for domestic individuals as follows:
For domestic individuals, write “Mr.” (or “Mrs.”), then full name, year of birth, name and ID number (if any), and permanent address.
If the identity document is an ID card, write “ID card number:…”;
- In case of People's Army ID card, write "ID card number:...";
- In case of Citizen Identification Card, write “CCCD number:…”;
- In case you do not have an Identity Card or Citizen Identification Card, write “Birth Certificate No…” or “Personal Identification Number:…;”
Thus, from October 16, 2023, in case an individual is granted a red book but does not have an ID card or Citizen Identification card, his/her personal identification number will be recorded.
2. Remove the requirement of a paper household registration book when carrying out procedures related to red books.
Procedures related to red books no longer require submission or presentation of paper household registration books when carrying out procedures for registering changes in land use rights and ownership of assets attached to land.
Instead, depending on the case, there will be other requirements such as:
- For household land: The agreement document must contain information of household members sharing land use rights and property ownership at the time of land allocation or land lease...
- In case of division or consolidation of land use rights and assets attached to land of husband and wife: Exploit information on marital status in the national population database.
When changing the Citizen Identification Number or Identity Card on the red book, which changes the identity of the person whose name is on the red book or the address of the red book that has been issued, the information can be exploited in the National Population Database.
3. Application for pink book in case of land purchase before July 1, 2014 but not yet completed the transfer procedure
Article 2 of Circular 14/2023/TT-BTNMT stipulates the dossier to be submitted when carrying out procedures for granting pink books in cases of transferring land use rights and ownership of assets attached to land before July 1, 2014, in which the transferor has been granted a book but has not yet carried out the procedures for transferring rights as prescribed:
(1) In case of receiving transfer, inheritance, or donation of land use rights or assets attached to land, where there is a contract or document on transfer of rights as prescribed, but the transferor does not hand over the Certificate to the transferee, the dossier includes:
- Application for registration of changes in land and assets attached to land according to Form No. 09/DK.
- Contract or document on transfer of rights established in accordance with regulations.
(2) In case of receiving transfer or donation of land use rights but not making a contract or transfer document as prescribed, the dossier includes:
- Application for registration of changes in land and assets attached to land according to Form No. 09/DK.
- Original issued Certificate;
- Documents on the transfer of land use rights and assets attached to land with full signatures of the transferor and transferee.
04 new regulations on granting red books take effect from May 20, 2023
From May 20, 2023, 04 new regulations on granting red books amended and supplemented in Decree 10/2023/ND-CP will come into effect.
Accordingly, the four new regulations on granting red books effective from May 20, 2023 are:
1. Procedures for issuing red book online
Specifically, Clause 7, Article 1 of Decree 10/2023/ND-CP amending Clause 6, Article 60 of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP) on performing land-related administrative procedures in the electronic environment (issuing red books online) as follows:
- Based on specific conditions on land information technology infrastructure and land database under management, the agency receiving dossiers and returning results of handling land-related administrative procedures as prescribed in Article 60 of Decree 43/2014/ND-CP is responsible for organizing the receiving of dossiers and returning results of handling administrative procedures in the electronic environment according to Government regulations.
- In case of performing administrative procedures on registration and issuance of Certificates in the electronic environment, the following shall be implemented:
The agency receiving and processing the dossier is responsible for implementing the procedures and administrative procedures on land according to the provisions of the law on land;
In case it is necessary to check, verify and clarify or due to other reasons, the results of handling the dossier cannot be returned in accordance with the regulations on the time for handling administrative procedures on land, the agency receiving the dossier and handling the procedures shall send a written notice or via the Public Service Portal or via SMS to the requester, stating the reasons.
Land users and owners of assets attached to land are responsible for fulfilling financial obligations as prescribed by law directly or online through the payment function of the Public Service Portal.
The receiving agency or the agency handling the application shall notify the person requesting the administrative procedure to submit the original of the issued Certificate and other required documents after the land user has fulfilled his/her financial obligations.
The return of results of administrative procedure settlement is carried out at the agency receiving the dossier or via public postal service or at the requested location for cases of receiving dossiers and returning results of settlement of procedures for land registration, other assets attached to land, issuance, exchange, re-issuance of Certificates.
In addition, it is supplemented with regulations that land users and owners of assets attached to land who request to carry out administrative procedures on land (request for online issuance of red books) are responsible before the law for the accuracy and honesty of the declared content and documents in the submitted dossier.
The agency receiving the dossier is responsible for checking the completeness of the dossier components; the agency handling land-related administrative procedures is responsible for exercising the correct authority and time as prescribed by law, and is not responsible for the contents of the documents and papers in the dossier that have been previously approved, appraised, ratified or resolved by other competent agencies or individuals.
At the same time, the connection, data sharing, and electronic interconnection between agencies to handle administrative procedures and pay financial obligations of people requesting procedures shall comply with the provisions of law on performing administrative procedures in the electronic environment and the law on implementing the one-stop and one-stop mechanism.
2. Amendment of authority to issue red books
Clause 5, Article 1 of Decree 10/2023/ND-CP amends and supplements Article 37 of Decree 43/2014/ND-CP related to the authority to grant red books in the cases specified in Clause 4, Article 95; Clause 3, Article 105 of the Land Law as follows:
For localities that have established a Land Registration Office, the issuance of Certificates and confirmation of changes to issued Certificates are carried out by the following agencies:
- Land Registration Office: For organizations, religious establishments; Vietnamese people residing abroad implementing investment projects; foreign organizations and individuals; enterprises with foreign investment capital;
- Branch of the Land Registration Office or Land Registration Office: For households, individuals, residential communities, and Vietnamese people residing abroad who are allowed to own houses attached to land use rights in Vietnam.
The Land Registration Office and Branches of the Land Registration Office are allowed to use their seals to issue Certificates and confirm changes to issued Certificates.
According to current regulations, Clause 1, Article 37 of Decree 43/2014/ND-CP amended by Decree 01/2017/ND-CP stipulates that localities that have established a Land Registration Office shall have the Department of Natural Resources and Environment issue a Certificate in the following cases: - When land users exercise rights such as buying and selling, changing land use purposes, etc., they must be re-issued a new Certificate; - Issuance, re-issuance of Certificate. |
Thus, Decree 10/2023/ND-CP has amended the authority to issue red books and confirm changes to the Certificate in a way that facilitates people in carrying out these administrative procedures (carried out at the Land Registration Office without having to go to the Department of Natural Resources and Environment).
3. Granting red book for condotel
Decree 10/2023/ND-CP supplements regulations on granting red books for condotels in Clause 5, Article 32 of Decree 43/2014/ND-CP.
Specifically, for construction works used for tourist accommodation purposes (including condotels, etc.) according to the provisions of the law on tourism on commercial and service land, if they meet the conditions prescribed by the law on land, the law on construction, and the law on real estate business:
Certified ownership of construction works attached to land for commercial and service land use purposes; land use term as prescribed in Clause 3, Article 126, Clause 1, Article 128 of the Land Law.
The owner of a construction project is responsible before the law for meeting the conditions prescribed by the law on construction and the law on real estate business.
The certification of ownership of construction works specified in this regulation is carried out according to the provisions in Clauses 1, 2, 3 and 4, Article 32 of Decree 43/2014/ND-CP.
The display of information about the land plot on the Certificate must be in accordance with the purpose and duration of land use as prescribed by law.
Pursuant to Clause 3, Article 126 and Clause 1, Article 128 of the 2013 Land Law, it is stipulated that:
The term of land allocation and land lease for organizations for use in agricultural, forestry, aquaculture and salt production purposes; for organizations, households and individuals for use in commercial and service purposes, as non-agricultural production facilities; for organizations to implement investment projects; for Vietnamese people residing abroad and foreign-invested enterprises to implement investment projects in Vietnam shall be considered and decided on the basis of the investment project or application for land allocation and land lease, but shall not exceed 50 years.
For projects with large investment capital but slow capital recovery, investment projects in areas with difficult socio-economic conditions, areas with especially difficult socio-economic conditions that require a longer term, the land allocation or lease term shall not exceed 70 years;
For housing business projects for sale or for sale combined with lease or for lease-purchase, the land delivery period to the investor is determined according to the project duration; buyers of housing associated with land use rights are entitled to use the land stably and permanently.
When the term expires, if the land user has a need to continue using the land, the State will consider extending the land use term, but not exceeding the term specified in Clause 3, Article 126 of the 2013 Land Law.
The land use term when receiving the transfer of land use rights for land types with a prescribed term is the remaining land use term of the land use term before receiving the transfer of land use rights.
Thus, the ownership period of a condotel apartment depends on the purpose of land use.
4. Additional cases where additional documents are required when issuing red books
Specifically, according to Point b, Clause 11, Article 1 of Decree 10/2023/ND-CP, for real estate business projects that are not housing development projects, after completing the project, the investor is responsible for sending the following documents to the Department of Natural Resources and Environment:
- Certificate; document of financial obligation performance of project owner.
In case of changes in financial obligations, documents proving the completion of financial obligations for such changes must be submitted (except in cases of exemption or late payment as prescribed by law);
- Floor plan design drawings are consistent with the current construction status and signed contract;
- Notice of the construction authority allowing the investor to accept the construction item or project or approve the results of the acceptance of the completion of the construction item or project to put into use;
- List of assets.
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