Case 1: Land plot with shared land use rights
Pursuant to Clause 2, Article 135 of the 2024 Land Law, it is stipulated as follows:
Article 135. Principles for granting Certificates of land use rights and ownership of assets attached to land
1. Certificates of land use rights and ownership of assets attached to land are issued for each plot of land to people with land use rights and owners of assets attached to land who have a need and meet the conditions prescribed in this Law. In case the land user is using multiple agricultural plots in the same commune, ward, or town and has a request, he/she will be granted a Certificate of land use rights and ownership of assets attached to the common land for those plots of land.
2. For land plots with multiple people sharing the right to use land and multiple people sharing the ownership of assets attached to land, each person shall be issued 1 Certificate of land use rights and ownership of assets attached to land; in case the people with shared land use rights and ownership of assets attached to land have a request, a Certificate of land use rights and ownership of assets attached to land shall be issued and given to the representative.
Accordingly, if the land plot has many people sharing the right to use the land, many people sharing the ownership of assets attached to the land, each person will be issued 1 Certificate of land use rights and ownership of assets attached to the land.
Therefore, if the land plot has 2 people sharing the land use rights, 1 land plot can be granted 2 red books to 2 people sharing the land use rights.
Note: the issuance of multiple red books will not apply to the following cases:
- In case the land plot has many people sharing the land use rights, many people sharing the ownership of assets attached to the land but they have a request, a common book should be issued and given to the representative.
- In case the land plot is under the use rights of a household, only 1 book will be issued (in which the full name of the member with shared land use rights of the household will be recorded) and given to the representative. If those members have a need, they can issue a book recording the name of the household representative on the book and give it to the household representative. (Clause 5, Article 135 of the 2024 Land Law)
- In case the right to use land and the right to own property attached to the land is the common property of the husband and wife, the full name, wife and family name, and husband's name must be recorded in the book, except in cases where the husband and wife have agreed to record the name of one person to represent the husband and wife. (Clause 4, Article 135 of the 2024 Land Law)
Case 2: Land plots under many administrative procedures at the commune level
Pursuant to Clause 2, Article 147 of the 2024 Land Law, it is stipulated as follows:
Article 147. Issuing Certificates of land use rights and ownership of assets attached to land in cases where land plots are within the scope of many commune-level administrative units
2. In case the land plot is within the scope of many communes, wards and towns under the authority of different agencies to issue Certificates of land use rights and ownership of assets attached to land, the Certificate of land use rights and ownership of assets attached to land shall be issued for each land plot under the authority of each agency issuing Certificates of land use rights and ownership of assets attached to land.
Therefore, if the land plot is within the scope of many communes, wards and towns under the authority of different agencies to issue red books, the issuance of red books for each land plot under the authority of each agency will be carried out.
It can be understood that a plot of land is located within the scope of two different administrative units, such as two communes, wards or towns, and each administrative unit under the authority of a different agency to issue a red book, then that plot of land will be issued two separate red books. One red book will be issued for the land belonging to the first administrative unit and the remaining red book will be issued for the land belonging to the second administrative unit.
