When is the red book issued?
Article 38 of Decree 101/2024/ND-CP stipulates the cases of issuing and exchanging issued certificates as follows:
Land users want to change the Certificate issued before August 1, 2024 to a new model.
The certificate is stained, torn, or damaged.
The certificates are issued for many plots, now separately for each plot.
The purpose of land use on the certificate is no longer in accordance with the land classification according to the new regulations.
The location of the land plot on the book is not true to reality.
Property is the common property of a husband and wife but the certificate only records the name of one person, now requires recording both.
The household registration book, now members with shared rights want to clearly state each person's name.
Change the land plot address.
Changes in size, area, and land plot number due to re-measurement, but boundaries remain unchanged.
Procedures for granting red books for land with an actual area larger than the book
In case the actual land area is larger than the red book but the land boundary is not changed, the land user should carry out procedures to issue and change the Certificate to measure and record the correct land use area before transferring the name.
The preparation documents include: Application for registration of changes in land and assets attached to land (Form 11/DK); original issued red book; cadastral measure of the land plot showing actual area.
After that, people submit the application to the Land Registration Office or the People's Committee of the commune where the land is located. The competent authority will receive and check the documents and issue appointment documents.
The Land Registration Office compares the dossier, determines the actual area, then sends a form determining financial obligations (if any) to the tax authority.
Finally, the authorities will update the new area in the land records and issue a new red book to the land user.
Note, the issuance and renewal of red books only applies when the land boundary is unchanged. If there is a dispute or encroachment, it must be measured, verified and handled before being granted a new one.
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