If there is no red book, can you apply for a construction permit?
Article 3 of Decree 53/2017 of the Government, legal documents on land to grant construction permits is one of the following papers:
The certificate of land use right was granted in accordance with the 1987 Land Law, the 1993 Land Law, the amended Land Law in 2001, the 2003 Land Law.
Certificate of land use rights, ownership of houses and other assets attached to land granted in accordance with the 2013 Land Law, the Law amending and supplementing laws related to capital construction investment in 2009.
The certificate of ownership of housing and residential land use rights is granted in accordance with Decree 60/CP dated 5.7.1994, Decree 61/CP dated 5.7.1994 on housing trading and trading.
Types of papers eligible for granting land use right certificates, ownership of houses and other assets attached to land but have not been granted.
Land papers for cases where the State is allocated, leased land, changes the purpose of land use from after July 1, 2004 but does not have a certificate
Including: Decision on land allocation of competent state agencies or decisions on land lease of competent state agencies and attached land lease contracts (if any) or papers on auction of land use rights, bidding for projects with land use or decisions that allow the change of land use purpose of competent state agencies.
Thus, only one of the legal documents on land is allowed to apply for a housing construction permit without compulsory documents that are certificates (red books), when a construction permit, your family is still granted construction permits and is allowed to start construction.
Regulations on the name of the red book when there is the same land use right
The common land use rights include many different cases, in which:
Many people buy a parcel of land
Case 1: Buy together but do not separate the parcel or not eligible to separate the parcel
Pursuant to Clause 2, Article 135 of the 2024 Land Law, when contributing the money to receive the transfer of the land parcel, the certificate of land use rights and ownership of properties attached to the land must fully record the names of those who share the land use right and issue each person a certificate.
In case the owner uses land use rights, the owner of the property is attached to the land with a general requirement, the same certificate is granted and given to the representative.
The representative is agreed by the parties. The representative does not mean that there is more rights than others but the rights and obligations correspond to the amount of money.
Case 2: Buy together but separate the parcel
In this case, if the land parcel receives a general transfer but is eligible for separation of the parcel and those who buy the same plot, they must separate the parcel and carry out the procedure for granting certificates according to each part of separation.
Have the same land use rights when they are husband and wife
Clause 1, Article 34 of the 2014 Law on Marriage and Family stipulates: "In case the property is owned by the couple that the law must register for ownership and use rights, the certificate of ownership and the certificate of use must name both husband and wife, unless otherwise agreed."
Thus, if the land use right is the common property of the husband and wife, the husband and wife must be recorded in the certificate, except for the case of the couple.
Have the same land use rights when a household
According to Clause 25, Article 3 of the 2024 Land Law, land use households are those who have marriage, blood and nurturing relationships in accordance with the law on marriage and family, living together and having common land use rights at the time of land allocation, land lease, recognition of land use rights, receiving land use rights before this law is effective.
Thus, household members have the same land use rights if they meet the following conditions:
Having a marriage relationship (husband and wife), blood relationship (father, mother and child with biological children ...), nurturing relationship (adoptive father, adoptive mother with adoption).
Living together at the time of land allocation, land lease, recognition of land use rights; Get land use right transfer.
Having common land use rights in forms such as: contributing and creating together to have a common land use right or given and inherited.
