What is transferring the red book?
Point a, Clause 4, Article 133 of the 2024 Land Law stipulates: The registration of fluctuations shall be carried out for cases that have been granted a certificate of land use right or a certificate of ownership of housing and residential land use rights or certificates of ownership of housing or ownership of construction work or land use right certificates, housing ownership and other land use rights certificates, which have land use rights and land use rights certificates.
- Land users, owners of properties attached to land to exercise the rights of conversion, transfer, inheritance and donation of land use rights and assets attached to land; contribute capital with land use rights and assets attached to land; lease, lease land use rights in the project of building infrastructure business; transfer of land use projects.
The registration of fluctuations is clearly shown in the Certificate, according to Clause 1, Article 41 of Circular 10/2024/TT-BTNMT stipulates:
- In case of transfer of land use rights and assets attached to land in the form of conversion or transfer or inheritance or donation or capital contribution to the entire parcel of land as prescribed in Clauses 1 and 12, Article 13 of this Circular that the recipient has no new demand for certification, the certification of changes on the certificates issued in accordance with the provisions of Clause 1 and Clause 12 of this Circular is not allowed on the case.
Thus, transferring the red book is essentially a procedure for registering changes when transferring, donating, or inheriting land use rights, in which transferring (buying and selling) is the most common case.
When will the new red book be issued?
Pursuant to Article 41 of Circular 10/2024/TT-BTNMT, some cases of transferring red books are granted new red books, specifically:
1
2. In case of registration of changes in land use rights, ownership of property attached to land when transferring, giving or inheritance that land user, owner of property attached to land with new demand for certificates.
In the application registration dossier, there must be an application according to Form No. 11/DK; In this form, when filling in the information, the need to issue a new certificate and there is no need to issue a new certificate. If the recipient is transferred or given to the heir wants to be granted a new certificate, it will clearly state the need.
