Expanding the first red book issuance case from 2026
Based on Clause 2, Article 11 of Resolution 254/2025/QH15 (effective from January 1, 2026) stipulates as follows:
2. Some regulations on land registration, assets attached to land, issuance of Certificates of land use rights, ownership of assets attached to land:
a) In case of transfer of mineral exploitation rights according to the provisions of the law on geology and minerals or in case of conversion of business type where land users, owners of assets attached to land have been granted one of the types of Certificates specified in Clause 1, Article 133 of the Land Law, registration of changes shall be carried out;
b) In case of registering to mortgage land use rights and assets attached to land specified in point p, clause 1, Article 133 of the Land Law, changes are updated to the land database without having to be certified on the issued Certificate;
c) In case the Housing Law and the Real Estate Business Law have regulations on the deadline for submitting dossiers requesting the issuance of Certificates of land use rights and ownership of assets attached to land to other property buyers with the deadline for registration of changes according to the provisions of the Land Law, they shall be implemented according to the provisions of the Housing Law and the Real Estate Business Law;
d) In cases specified in Clause 4, Article 135 of the Land Law, a common Certificate of land use rights and ownership of assets attached to land shall be issued;
e) Households and individuals who are using land stably and have a Temporary Certificate of Land Use Rights issued by a competent state agency from October 15, 1993 onwards, are granted a Certificate of Land Use Rights, Ownership of Property Attached to Land according to the provisions of Clause 3, Article 137 of the Land Law;
e) In case land is allocated for management as prescribed in Article 7 of the Land Law and falls under the provisions of Article 139 of the Land Law, it will be considered and issued a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 139 of the Land Law.
Thus, the new regulation has supplemented the cases of first-time red book issuance including:
- Households and individuals who have been granted a Temporary Certificate of Land Use Rights after October 15, 1993, if they meet the conditions according to the 2024 Land Law, will be considered for the issuance of an official Certificate.
- Cases where land is allocated by the State for management but is actually being used stably, for the right purpose and meeting legal conditions are also considered for Certificate issuance.
The authority to issue red books for the first time changes from January 31, 2026
From January 31, 2026, according to Clause 2, Article 14 of Decree 49/2026/ND-CP, the authority to issue Certificates is rearranged in the direction of being associated with agencies and people with the authority to decide on land, specifically:
- Provincial-level land management agencies issue Certificates (or confirm changes on the issued Certificate) for cases decided by provincial-level agencies and competent persons to allocate land, lease land, permit land use purpose conversion, recognize land use rights, approve agreements on receiving land use rights to implement projects, approve and approve land use plans.
- The Chairman of the commune-level People's Committee issues a Certificate (or confirmation of change) for cases decided by commune-level agencies and competent persons to allocate land, lease land, change land use purposes, recognize land use rights, and re-determine residential land area.
- The Land Registration Office shall issue the first Certificate of Land Use Rights (first red book), confirm changes on the issued Certificate, first land registration and registration of changes for the remaining cases.
