Pursuant to Article 148 of the 2024 Land Law, it is stipulated that:
(1) Households and individuals owning houses are granted certificates of land use rights and ownership of assets attached to land when they have one of the following documents:
- Housing construction permit or limited-term housing construction permit in cases where a construction permit is required under the provisions of the law on construction.
- Contract for sale and purchase of state-owned housing as prescribed in Decree No. 61-CP dated July 5, 1994 of the Government on sale and trading of housing or documents on liquidation and valuation of state-owned housing from before July 5, 1994.
- Documents on handing over or donating houses of gratitude, charity houses, and solidarity houses.
- Documents on housing ownership issued by competent authorities over periods when the real estate is not subject to State ownership establishment by the entire people according to the provisions of Resolution No. 23/2003/QH11, Resolution No. 755/2005/NQ-UBTVQH11.
- Documents on purchase, sale, donation, exchange or inheritance of housing that have been notarized or certified by the People's Committee of competent authority according to the provisions of law for transactions before July 1, 2006.
In case of housing purchased, received as a gift, exchanged, or inherited from July 1, 2006 onwards, there must be a document on that transaction in accordance with the provisions of the law on housing.
In case of houses purchased from real estate businesses for investment and construction for sale, there must be a house sale and purchase contract signed by both parties.
- Court judgment or decision or document of competent state agency that has come into legal effect that determines house ownership rights.
- One of the above documents which bears another person's name and is not in dispute.
(2) In case a household or individual has a house before July 1, 2006 but does not have the documents specified in (1) and is not in dispute, they will be granted a Certificate of land use rights and ownership of assets attached to land.
(3) In case a household or individual has a house that is not subject to the provisions in (1) and (2) but is not required to apply for a construction permit, they will be granted a Certificate of land use rights and ownership of assets attached to the land.
In cases where a construction permit is required, there must be a certificate from the competent authority in charge of construction management at the district level that the housing is eligible to exist according to the provisions of the law on construction.
Thus, without a building permit, a red book or pink book for a house can still be issued if one of the above documents is available. That means the competent state agency can still certify the house ownership and add it to the red book in the case of a land book being issued.
