Number of people with red books under the new law

Minh Huy (T/H) |

The red book does not limit the number of people in the name if they have shared land use rights. It is necessary to record and choose the right representative to avoid future risks

Red book does not limit the number of people with names

According to Clause 2, Article 135 of the Land Law No. 31/2024/QH15, the principles for granting red books are as follows:

"The parcel of land has many people in the same land use rights, many people own the same property attached to the land, then issue each person 01 certificate of land use rights, ownership of properties attached to the land; In case those who have the same land use rights, share the ownership of assets attached to the required land, shared a share of 01 certificate of land use rights, ownership of assets attached to the land and awarded to the representative people."

Thus, if a plot of land has many people sharing the right to use it, you can choose: Issuing a separate red book to each person, or issuing a common red book and recording the name of the representative according to the agreement.

The QR code on the Certificate will fully display the information of all individuals with land use rights and ownership of assets attached to land.

How to register the names of many people in the red book

+ Cases of granting red books to each member:

The certificate must record full information about the person granted the certificate; Next, it must state: "Same-use of land, same-use of assets attached to land" or "Same-use of land" or "Same-use of assets attached to land".

+ In case of granting red books to representatives:

The Certificate contains the information of the representative; the next line reads: "As a representative of people sharing land use" or "As a representative of people sharing the ownership of assets attached to land" or "As a representative of people sharing land use and sharing the ownership of assets attached to land".

The QR code of the red book fully shows the information of people with shared land use rights and ownership of assets attached to land.

Assets classification when red books are in the names of many people

When the red book is in the name of many people, the division and transfer of assets must comply with the provisions of the 2015 Civil Code.

According to Article 218, each common owner in part has the right to decide on his/her ownership. The determination of the joint assets must be agreed upon by all owners.

If one person wants to sell his/her assets, the remaining people will have priority to buy. In case the co-owner gives up the rights or dies without an heir, that part will belong to the State. If it is jointly owned by the community, this part will belong to the remaining members.

For assets that are real estate, the ownership of the abandoning or deceased without heirs will belong to the remaining owners.

In case all owners give up ownership of common property, the establishment of the next ownership will be carried out in accordance with the provisions of Article 228 of the Civil Code.

Notes when many people are in the red book

There must be consensus from all parties: The common name or appointment of a representative on the red book must have a written consensus between those with land use rights.

Avoid confusion in transactions: When transacting for sale, transfer, mortgage... there must be the signature of all co-owners or fully authorized legal representatives.

Be careful when sending a representative: The representative whose name is on the red book has the right to represent the group in related transactions. Therefore, it is necessary to establish a clear authorization contract and limit the scope of representation to avoid risks.

Should be notarized and certified clearly: Documents related to land use, division of ownership or authorization should be notarized or certified to ensure legality.

Carefully check the information on the QR code of the red book: This is the part that most clearly shows those who have land use rights and property ownership rights. All information must match the content of the Certificate.

Minh Huy (T/H)
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