Concept of separating red books
Separating a red book is the process of dividing a piece of land with a red book into many small parts, each part is granted a separate red book. Although current law does not specifically regulate the division of red books or land plots, this is a common procedure for dividing land assets.
Principles and conditions for separating red books
According to Clauses 1 and 2, Article 220 of the 2024 Land Law, the separation of land plots and the merger of plots to issue red books must comply with the following conditions:
The land plot must have a certificate of land use rights and assets attached to the land, with a clear term of use and no disputes.
The land plot must have a separate path, connecting to public transport routes and ensuring requirements for water supply and drainage.
The plots of land after division must ensure the minimum area according to the regulations of the Provincial People's Committee (PPC).
When changing the purpose of land use, the area of the land plot after separation must meet the requirements of the new type of land. In particular, for residential land and other land, plot separation is not mandatory when there is a change of purpose, unless required.
The division of plots shall not be carried out if the division of land use rights according to the Court's verdict does not meet the conditions on area and size according to regulations.
Procedures for separating red books for children
Step 1: Submit a request for land division
Land users need to submit the application at the One-stop Department, Land Registration Office (LDO) or at the DOD Branch.
Step 2: Receive documents
The competent authority receives documents from the land user.
Step 3: Processing documents
The competent authority will check the dossier and compare it with the conditions for land division to determine whether the land plot meets the requirements or not:
If the application is not eligible, the competent authority will notify and return the application within 3 working days.
If the issued red book lacks a land plot diagram or lacks information about the size and area, the competent authority will request to supplement and return the dossier within 3 working days.
If the application meets the conditions, the competent authority will confirm and complete the registration and issuance of red books for the plots of land after separation within 5 working days.
Step 4: Return the result
The time to resolve the division of plots shall not exceed 15 working days from the date of receipt of complete documents. For communes in mountainous areas, islands, remote areas, or areas with difficult socio-economic conditions, the settlement time can be extended by 10 working days.
