From May 20, 2023, new regulations on granting "red books" come into effect.

Clear procedure for issuing "red book" online

At 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 is done:

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 administrative procedures on land is responsible for exercising the correct authority and time as prescribed by law, and is not responsible for the contents of 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.

The authority to issue "red books" is carried out at the Land Registration Office.

Clause 5, Article 1 of Decree 10/2023/ND-CP amending and supplementing Article 37 of Decree 43/2014/ND-CP is 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.

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According to the provisions of Clause 1, Article 37 of Decree 43/2014/ND-CP amended by Decree 01/2017/ND-CP, the locality has established a Land Registration Office, the Department of Natural Resources and Environment shall 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).

Granting "red books" for condotels

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.

Additional cases requiring additional documents when issuing red books

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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