To be a common name, must the Red Book be issued again?
Point e, Clause 1, Article 38 of Decree 101/2024/ND-CP stipulates:
The right to use land and own property attached to land is the common property of the husband and wife, but the issued Certificate only records the full name of the wife or husband, now there is a requirement to reissue the Certificate of land use rights and ownership of property attached to land to record the full name, wife's name and family name, and husband's name.
According to the above regulations, in cases where a house or land is the common property of a husband and wife but the issued Certificate is only in the name of one person, if both husband and wife want to be in the same name, the Certificate must be issued again.
Procedures for issuing and renewing Certificates
1. Prepare documents
Pursuant to Clause 3, Article 38 of Decree 101/2024/ND-CP, the implementor needs to prepare the following documents:
+ Application for registration of changes in land and assets attached to land according to Form No. 11/DK.
+ Original Certificate of Land Use Rights.
+ Land plot cadastral map extracts for cases of land plot cadastral measurements that change the size of the edges, area, and number of the land plot due to measurement of land maps, land plot cadastral measurements without changing the land plot boundary.
2. Procedures for granting a new license
Step 1. Submitting documents
People who need to submit documents to one of the following agencies to receive and return results when issuing and renewing the Certificate:
- The One-stop Department according to the regulations of the Provincial People's Committee on receiving documents and returning results of handling administrative procedures at the provincial, district and commune levels.
- Land registration office.
- Branch of the Land Registration Office.
Step 2. Receiving documents
The dossier receiving agency is responsible for recording complete information in the dossier receipt and handing over the dossier submitter.
Step 3. Solving requirements
The Land Registration Office performs the following tasks:
- Exploiting and using information on marital status in the National Population Database.
In case the information about the marital status cannot be exploited, the land user or the owner of the property attached to the land shall submit a copy of the marriage certificate or other documents on the marital status.
- send an Information Transfer Form to determine financial obligations for land according to Form No. 12/DK.
- Update and edit cadastral records and land databases.
Step 4. Awarding results
- The Land Registration Office grants the Certificate to the granted person.
- According to Article 22 of Decree 101/2024/ND-CP, the time limit for issuance and exchange is no more than 8 days from the date of receipt of valid documents.
- This time does not include holidays and days off as prescribed by law; does not include time for receiving documents at the commune, time for fulfilling financial obligations of land users; does not include time for considering and handling cases of land use that violate the law, time for requesting appraisal.
