Cases where red books must be changed when registering changes that people need to know

Khương Duy |

The new regulation clearly states 6 cases when registering land changes, requiring people to issue new red books instead of just recording changes.

The Ministry of Agriculture and Environment has just issued the consolidated document 83/VBHN-BNNMT on basic land investigation, land registration, issuance of Certificates of land use rights, ownership of assets attached to land (commonly known as land use right certificates) and Land Information System.

Notably, Article 23 of this document clearly stipulates situations where people and businesses when carrying out procedures to register changes (updating changes in land plots, assets attached to land, land use rights) must issue new red books, instead of just recording the change confirmation on the issued Certificate.

Theo quy dinh moi, mot so truong hop dang ky bien dong dat dai nhu tach thua, hop thua, bo sung tai san gan lien voi dat… se phai cap moi so do. Anh: Phan Anh
According to new regulations, some cases of registration of land changes such as land division, land consolidation, supplementation of assets attached to land... will require new red books to be issued. Photo: Phan Anh

According to regulations, there are 6 cases of registration of changes that require new red books to be issued, including:

Land consolidation or division;

In case the leasing or re-leasing of land use rights of the investor is allocated land or leased land by the State for investment in construction and business of infrastructure;

In case the investment project uses land with adjusted detailed construction planning, or the investor has been granted a Certificate for the entire project but has a need to issue red books for each plot in accordance with the approved detailed plan;

Cases of certification of ownership of assets attached to land on land plots that have been booked; cases of changes in all land plot information due to cadastral surveying and mapping, or changes in residential land area due to re-determination of residential land area according to Clause 6, Article 141 of the Land Law;

And cases of registration fluctuations where the red book has no empty lines to confirm changes, or land users need to be newly issued.

In which, the content "re-determining residential land area" often makes many households wonder, especially for residential land with gardens and ponds (residential land) that have been granted red books for a long time. According to guidance information on Clause 6, Article 141 of the Land Law, the re-determination of residential land area is set for cases where residential land plots with gardens, ponds, and residential land have been granted Certificates before July 1, 2004, when land users have a need or when the State recovers land.

Along with "pointing out" cases that must be newly issued, the consolidated document also shows the direction of digitizing the issuance of certificates. According to regulations, Certificates issued under the Land Law and this decree have a Certificate code managed by the Ministry of Agriculture and Environment centrally and uniformly nationwide and are issued through the application software of the National Land Information System.

On the people's side, when carrying out procedures for registration of changes, the National Public Service Portal also clearly states that the agency receiving and resolving dossiers will notify cases where it is necessary to check, verify or delay the return of results; at the same time, land users are responsible for completing financial obligations and submitting the original Certificate issued at the request of the dossier resolving agency after completing financial obligations.

Khương Duy
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