Property attached to land that has not been granted a red book from 1.7.2025 people need to pay attention

Thạch Lam |

Clause 2, Article 151 of the 2024 Land Law stipulates cases where assets attached to land are not granted red books.

How is the name of the property attached to the land on the red book expressed?

Information on the name of the property attached to the land on the red book is stipulated in Clause 1, Article 10 of Circular 10/2024/TT-BTNMT as follows:

(1) Property is housing as prescribed by the law on housing that is not an apartment:

- For individual houses:

+ Clearly state the type of house as "villas", "hamlet houses" or "independent houses".

+ If it is an individual house under a project, the house name is shown according to the housing construction investment project approved by the competent authority or the investment policy decision.

- For apartment buildings: In case the investor has not sold and needs to issue a certificate for the entire building, the name of the apartment building is shown according to the housing construction investment project approved by the competent authority or the investment policy decision.

(2) Property is an apartment, a tourist apartment, an office apartment combined with accommodation, an office, a commercial facility, a service facility or other area of a construction item in an apartment building or in a construction investment project other than a house:

" ... (name of property determined by the property owner or recorded in a sales contract in accordance with the provisions of law) - ... (name of the project or name of the apartment building)".

* Assets are construction works not included in item (2):

+ Record the name of the project based on information according to the investment project or detailed construction planning or investment license or construction permit from a competent authority.

+ If the project has many items, the names of each item are shown in turn based on the decision approving the investment project or the investment decision of the project or the investment license or the investment certificate or the investment registration certificate issued by the competent authority, the decision approving the detailed construction planning, the construction permit.

Assets attached to land that are not granted red books from 1.7.2025

Pursuant to Clause 2, Article 151 of the 2024 Land Law, assets attached to land not granted certificates of land use rights and ownership of assets attached to land in the following cases:

(1) Assets attached to land in which the land plot with such assets is not eligible for a Certificate of land use rights and ownership of assets attached to land as prescribed in Clause 1, Article 151 of the 2024 Land Law or does not meet the conditions for granting a Certificate of land use rights and ownership of assets attached to land;

(2) Houses or construction works temporarily built during the construction of the main works or temporarily built with materials such as paint, bamboo, rattan, leaves, soil; auxiliary works outside the scope of the main works and to serve the management, use, and operation of the main works;

(3) Property attached to land that has been notified or has been cleared or has been decided to reclaim land by a competent state agency, except in cases where it has been more than 03 years since the date of such notices or decisions but has not been implemented;

(4) Houses and constructions built after the time of announcing a ban on construction; construction encroaching on or occupying the protection boundary of technical infrastructure works, historical and cultural relics that have been classified; assets attached to land created after the time the planning was approved by the competent authority and the assets created are not in accordance with the planning approved at the time of issuance of the Certificate of land use rights and ownership of assets attached to land, except in cases where the owners of houses and construction works that are not houses as prescribed in Articles 148 and 149 of the 2024 Land Law have a construction permit with a term as prescribed by the law on construction;

(5) State-owned assets, except in cases where the assets have been identified as State capital contributions to enterprises according to the instructions of the Ministry of Finance;

(6) Assets attached to land not falling under the provisions of Articles 148 and 149 of the 2024 Land Law.

Thạch Lam
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