Cases of red book issuance according to the Land Law coming into effect

Granting red book for residential property

Article 148 of the 2024 Land Law stipulates 6 cases where a Certificate of land use rights and ownership of assets attached to land is granted for housing assets.

Firstly, households and individuals owning houses are granted a Certificate of land use rights and ownership of assets attached to land when having one of the following documents:

- Housing construction permit or limited-term housing construction permit in cases where a construction permit is required under the provisions of the law on construction;

- Contract for sale and purchase of state-owned housing as prescribed in Decree No. 61-CP of the Government on sale and purchase and trading of housing or documents on liquidation and valuation of state-owned housing from before July 5, 1994;

- Documents on handing over or donating houses of gratitude, charity houses, and solidarity houses;

- Documents on housing ownership issued by competent authorities during periods when such real estate is not subject to the State establishing ownership of the entire people according to the provisions of Resolution No. 23 dated November 26, 2003 of the National Assembly on real estate managed and arranged for use by the State during the implementation of real estate management policies and socialist transformation policies before July 1, 1991, Resolution No. 755 dated April 2, 2005 of the National Assembly Standing Committee stipulating the settlement of a number of specific cases of real estate during the implementation of real estate management policies and socialist transformation policies before July 1, 1991;

- Documents on the purchase, sale, donation, exchange or inheritance of housing that have been notarized or certified by the People's Committee of the competent authority in accordance with the provisions of law for transactions before July 1, 2006. In the case of housing purchased, donated, exchanged or inherited from July 1, 2006 onwards, there must be a document on that transaction in accordance with the provisions of the law on housing. In the case of housing purchased from a real estate business enterprise investing in construction for sale, there must be a housing purchase and sale contract signed by both parties;

- Court judgment or decision or document of competent state agency that has come into legal effect that determines house ownership;

- One of the above-mentioned documents which bears another person's name and is not in dispute.

Second, households and individuals who had housing before July 1, 2006 but did not have the documents specified in the first case are not in dispute.

Third, households and individuals whose houses are not subject to the provisions of the above cases but are not required to apply for a construction permit; in cases where a construction permit is required, there must be a certificate from the competent authority in charge of construction at the district level that the house is eligible to exist according to the provisions of the law on construction.

Fourth, domestic organizations, foreign-invested economic organizations, and overseas Vietnamese who invest in the construction of houses for business purposes must have documents in accordance with the provisions of the law on housing. In the case of purchasing, receiving a gift, inheriting a house, or owning a house through other forms in accordance with the provisions of the law, there must be documents on that transaction in accordance with the provisions of the law.

Fifth, in case the homeowner does not have land use rights for that land plot, the issuance of a Certificate of land use rights and ownership of assets attached to the land is carried out as follows:

- For foreign organizations and individuals owning houses in Vietnam, there must be documents on housing transactions according to the provisions of the law on housing;

- For house owners according to the provisions of the law on housing but not falling under the cases specified above, there must be documents proving house ownership according to the provisions of this Article and a land lease contract or capital contribution contract or business cooperation contract or written approval of the land user agreeing to the construction of a house that has been notarized or certified according to the provisions of law.

Sixth, in case the construction has mixed purposes according to the provisions of law and is established on residential land, a Certificate of land use rights and ownership of assets attached to land shall be granted for the property being the construction item or the entire construction; the land use term is stable and long-term.

A residential area in Ho Chi Minh City (Photo: Khong Chiem).

Granting red books for non-residential properties

Article 149 of the 2024 Land Law stipulates 6 cases where a Certificate of land use rights and ownership of assets attached to land is granted for assets that are construction works other than houses.

Firstly, households, individuals and residential communities owning construction works are granted a Certificate of land use rights and ownership of assets attached to land when they have one of the following documents:

- Construction permit or construction permit with a term in case of having to apply for a construction permit according to the provisions of the law on construction;

- Documents on ownership of construction works issued by competent authorities over time, except for cases where the State has managed and arranged for use;

- Documents on purchase, sale, donation or inheritance of construction works according to the provisions of law;

- Court judgment or decision or document of competent state agency that has come into legal effect that determines ownership of construction works;

- One of the above documents which bears another person's name and is not in dispute.

Second, in the case of households, individuals, and residential communities that own construction works before July 1, 2004 without the documents specified in the first case, there is no dispute.

Third, in cases where households, individuals, and residential communities own construction works that are not subject to the provisions of the first and second cases of this Article and are not required to apply for a construction permit, there must be a certificate from the competent authority in charge of construction at the district level that the construction works are eligible to exist according to the provisions of the law on construction.

Fourth, domestic organizations, foreign-invested economic organizations, foreign organizations with diplomatic functions, religious organizations, affiliated religious organizations, and people of Vietnamese origin residing abroad that create construction works must have documents in accordance with the provisions of the law on construction. In case of purchasing, receiving gifts, inheriting construction works or owning construction works through other forms in accordance with the provisions of law, there must be documents on that transaction in accordance with the provisions of law.

Fifth, in case the owner of the construction work does not have the right to use the land for that plot of land, there must be documents proving the ownership of the construction work as prescribed in this Article and a land lease contract or capital contribution contract or business cooperation contract or written approval of the land user agreeing to the construction of the work that has been notarized or authenticated as prescribed by law, then a Certificate of land use rights and ownership of assets attached to the land will be granted.

Sixth, in case the project has many construction items, a Certificate of land use rights and ownership of assets attached to land shall be granted for each construction item or each part of the area of ​​that construction item.

Source: https://dantri.com.vn/bat-dong-san/nhung-truong-hop-duoc-cap-so-do-theo-luat-dat-dai-sap-co-hieu-luc-20240629084220902.htm