Couple wants to have a common red book must issue a new one
In case the issued red book only states the name of the husband or wife but now wants to be in the common name, the procedure for issuance and exchange must be carried out according to regulations.
Point e, Clause 1, Article 38 of Decree 101/2024/ND-CP clearly states: If the right to use land and the right to own property attached to the land is a common property but the red book only records the name of one person, when required to fully record both names, the land user must complete the procedures for issuance and exchange.
In the case of initial issuance of red books, if the property is the common property of a husband and wife, it is mandatory to record both names, unless there is an agreement for one person to represent.
Conditions for adding the name of the couple to the red book
The plot of land or property attached to the land is common property but the current red book only records the name of one person.
The right to use land and the right to own property are determined as common property under Article 33 of the Law on Marriage and Family 2014.
The husband or wife needs to add their name to the red book.
Procedures for issuing and exchanging red books to record the names of both husband and wife
Step 1: Prepare documents
Application for registration of changes in land and assets attached to land (Form No. 11/DK).
Original red book.
Land plot cadastral map sheet.
Step 2: Submit documents
People submit their application at the one-stop department of the Land Registration Office where the land is located. The receiving agency checks and records the information in the receipt and issuance book.
Step 3: Processing documents
The Land Registration Office checks and verifies the marital status; transfers information to the tax authority to determine financial obligations (Form No. 12/DK); then updates and edits cadastral records and land databases.
Step 4: Return the result
The land registration agency shall issue a newly issued certificate to the land user.
According to Article 22 of Decree 101/2024/ND-CP, the time for issuing and exchanging documents must not exceed 08 days from the date of receiving a complete and valid dossier.
