Procedures for granting red books for land purchased with handwritten papers in 2023

Please let me know the procedure for issuing a red book for land purchased with a handwritten paper? - Reader Hong Anh

Thủ tục cấp sổ đỏ đối với đất mua bằng giấy viết tay năm 2023

1. In case of buying land with handwritten paper, red book is still granted

Pursuant to Clause 1, Article 82 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP), land users whose land is purchased or donated by handwritten documents shall carry out procedures for granting red books without having to carry out procedures for transferring land use rights when falling into one of the following 2 cases and not falling into the case stipulated in Clause 2, Article 82 of Decree 43/2014/ND-CP.

(1) Currently using land due to transfer or donation of land use rights before January 1, 2008;

(2) Currently using land due to transfer or donation of land use rights from January 1, 2008 to before July 1, 2014 and having documents on land use rights according to regulations in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP.

Accordingly, households and individuals currently using land plots with the above origin are entitled to carry out land registration procedures and request the issuance of Certificates of land use rights, house ownership rights and other assets attached to land for the first time.

In particular, in these two cases, land users do not need to carry out procedures to transfer land use rights from the original land user but are immediately granted the first Land Use Rights Certificate.

2. Procedures for issuing red books for land purchased with handwritten documents in 2023

Procedures for granting red books for land purchased with handwritten documents are carried out according to the provisions of Article 70 of Decree 43/2014/ND-CP as follows:

- Step 1: Submit application

- Step 2: Competent authority receives the application

Individuals, households, residential communities, and overseas Vietnamese who own houses in Vietnam and wish to register land and assets attached to land, and issue certificates of land use rights, house ownership rights, and other assets attached to land must submit their applications at:

(1) People's Committee at commune level

- In case of land registration:

+ The People's Committee at the commune level will confirm the current status of assets attached to land compared with the declared registration content.

+ In case there are no documents specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP, confirm the origin and time of land use, the status of land use disputes, and compliance with planning.

- In case of registration of property attached to land:

In case there are no documents specified in Articles 31, 32, 33 and 34 of Decree 43/2014/ND-CP such as house ownership certificate, non-house ownership certificate, or production forest ownership certificate, the property ownership dispute status will be confirmed.

For houses and construction works, confirm the time of asset creation, whether or not a construction permit is required, compliance with approved planning, and confirm the diagram of the house or construction work if there is no confirmation from a legal entity for construction activities or map measurement activities.

- In case there is no cadastral map:

+ The People's Committee at the commune level must notify the Land Registration Office to conduct a cadastral measurement of the land plot or check the cadastral measurement of the land plot submitted by the land user (if any).

+ The People's Committee at the commune level confirms the current land use status compared with the declared registration content.

Within 15 days from the date of receipt of the dossier, the Commune People's Committee will publicly post the results of the dossier examination, confirm the current status, dispute status, origin and time of land use at the headquarters of the Commune People's Committee and the residential area where the land and assets attached to the land are located. At the same time, consider and resolve comments on the public content and send the dossier to the Land Registration Office.

(2) Land registration office

- The land registration office will send the dossier to the People's Committee at the commune level to get confirmation and publicize the results.

- Extract cadastral map or extract cadastral measurement of land plots in places where there is no cadastral map or there is a cadastral map but the current land use boundary has changed or check the cadastral measurement extract of land plots submitted by land users (if any).

+ Check and confirm the land-attached asset diagram for domestic organizations, religious establishments, foreign organizations, foreign individuals, and overseas Vietnamese implementing investment projects whose diagrams have not been confirmed by a legal entity for construction activities or map measurement activities.

+ Check registration documents, verify on-site if necessary; confirm eligibility or ineligibility for issuance of Certificate of land use rights, house ownership rights and other assets attached to land in the registration form.

+ Owners of assets attached to land who do not have documents or whose current status has changed compared to the documents specified in Articles 31, 32, 33 and 34 of Decree 43/2014/ND-CP shall send a ballot to the state management agency for that type of asset. Within no more than 05 working days, the state management agency for assets attached to land shall be responsible for responding in writing to the Land Registration Office.

+ Update information on land plots, assets attached to land, register in land records, land database (if any).

+ In case the land user requests to be granted a Certificate of land use rights, house ownership rights and other assets attached to land, the cadastral data shall be sent to the tax authority to determine and notify the collection of financial obligations (except for cases where the subject is not required to pay financial obligations or is recorded in debt according to the provisions of law); prepare documents for the natural resources and environment agency to submit for signing and granting the Certificate of land use rights, house ownership rights and other assets attached to land; update and supplement the issuance of the Certificate of land use rights, house ownership rights and other assets attached to land in the cadastral records and land database; hand over the Certificate of land use rights, house ownership rights and other assets attached to land to the grantee.

- Step 3 : Get results

Within no more than 30 days, the person requesting the issuance of a Land Use Right Certificate shall receive the result. For communes in mountainous areas, islands, remote areas, areas with difficult socio-economic conditions, and areas with especially difficult socio-economic conditions, the implementation time shall not exceed 40 days.

This period is calculated from the date of receipt of valid documents, excluding days off and holidays as prescribed by law; excluding time for receiving documents at the commune, time for fulfilling financial obligations of land users, time for considering and handling cases of land use in violation of the law, and time for requesting appraisal.

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