3 cases granted red books with increased areas according to new regulations

Minh Huy |

The increased land area will be considered for granting red books in 3 cases and implemented according to the 4-step process according to Decree 101/2024.

Handling issued red books with increased land area

Here is how to handle the issuance of red books for land plots that have been granted but have increased areas:

If the additional area is due to the transfer of a part of the land plot but by August 1, 2024 the transfer procedure has not been completed, the competent authority will issue a red book for the entire area in use and the Land Registration Office will revise the red book of the transferor.

In case the additional area has documents on land use rights according to Article 137 of the 2024 Land Law, the competent authority shall determine the type of land and the area to issue a red book for the entire original land plot and the additional area according to the provisions of Article 141.

If the additional area does not fall into the above two cases but meets the conditions for granting red books according to Articles 138, 139 and 140 of the 2024 Land Law, the competent authority will issue certificates for the entire area in use. The type of land and area are determined according to the red book of the original land plot and according to the provisions of the above articles for the additional area.

Steps to issue certificates for increased land area

Procedures for granting red books for additional areas are stipulated in Article 37 of Decree 101/2024/ND-CP, including 4 steps:

Step 1: Prepare documents

The dossier includes:

Application for change registration (Form 11/DK)

The issued red book

Documents on the additional area (if any)

Documents for transferring land use rights

Authorization document (if submitting documents through a representative)

Step 2: Submit documents

Land users submit documents to the One-stop Department, Land Registration Office or branch.

Step 3: Receive and process documents

If the additional area is due to receiving the transfer of rights but not yet transferred before August 1, 2024:

Notice to the transferor;

Register at the Commune People's Committee or post 3 times if the address is unknown;

After 30 days of no dispute, conduct a survey (if necessary), determine financial obligations and update the dossier.

If the additional area has documents according to Article 137 or is eligible for a red book according to Articles 138, 139, 140:

Measure the score (if necessary), transfer the file to the Commune People's Committee for verification;

Continue to process and determine financial obligations (if any).

The issuance of red books is carried out after the tax authority confirms the fulfillment of its obligations.

Step 4: Receive the results

Land users receive red books for the entire area in use.

Minh Huy
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