Conditions for separating red book for children
According to the 2024 Land Law, when parents want to separate a plot of land to transfer or give a part of the land to their children to have a separate red book, they must meet the following conditions:
- Have certificate (red book, pink book).
- During the land use period.
- The land is not in dispute, not seized to ensure execution of judgment, and not subject to temporary emergency measures by competent authorities.
- The subdivision must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. - Meet the conditions on minimum area and size allowed for subdivision with the type of land in use according to the regulations of the Provincial People's Committee.
4 types of fees to pay when separating a red book land plot for a child
- Land survey fee: Before transferring or giving land to children. Depending on the locality, land survey fee will range from 1.8 - 2.5 million VND.
- Real estate notary fee: This fee is calculated based on the current land use right value.
- Registration fee: If parents give land use rights to their children, they will be exempted from registration fees. However, if parents transfer the land, the transferee must pay the registration fee.
- Application appraisal fee: Depending on each province and city in the country, the application appraisal fee will be different.
Application for transferring red book to child
Parents transfer the red book to their child, prepare documents including: original red book; citizen identification card; documents proving marriage relationship; notarization request form.
Children receiving the red book transfer from their parents need documents including: citizen identification card, documents proving marriage relationship.
Then, the land user submits the application to the provincial One-Stop Department or the land registration office where the land is located (according to the provisions of Clause 1, Article 21 of Decree 101/2024/ND-CP).
Valid applications for transferring the red book to the child will be accepted by the agency and the results will be scheduled. Applications with insufficient documents will be guided to supplement.
The time to return the results of land division settlement is no more than 15 working days. For mountainous areas, islands, remote areas... the time to return the results is no more than 25 days.
