The procedure for granting red books for cases that have been granted a certificate for a part of the residential land area before July 1, 2004

Huy Hùng |

Register and issue a Certificate (red book) for cases that have been granted a part of the area to the residential land type before July 1, 2004, how is the remaining area of the land plot not yet granted an Implementation Certificate?

Decision 2304 of the Ministry of Agriculture and Environment stipulates the procedures for registration and issuance of Certificates for individuals and households that have been granted Certificates of a part of the area of residential land before July 1, 2004, the remaining area of the land plot that has not been granted a Certificate is as follows:

Step 1: The candidate must submit the application to one of the following provincial-level agencies: Public Administration Service Center or Land Registration Office or Branch of the Land Registration Office.

When submitting the prescribed documents, the registration fee is selected to submit a copy of the document and present the original for the officer receiving the application to check the comparison or submit the original of the document or submit a notarized or certified copy of the document according to the provisions of the law on notarization and certification; in case of submitting the application online, the submitted dossier must be digitized from the original or the certified and certified copy of the document according to the provisions of law.

In case of confirming changes on the issued Certificate, the registration submits the original of the issued Certificate.

In case of submitting a copy or digital copy of all documents, when receiving the results of handling administrative procedures, the registered candidate must submit the original documents in the dossier components according to regulations.

Step 2: The dossier receiving agency implements:

- Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.

In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.

- In case the Public Administration Service Center receives the dossier, the dossier shall be transferred to the Land Registration Office, Branch of the Land Registration Office.

Step 3:

a) In case the land user does not have documents on land use rights as prescribed in Article 137 of the Land Law or has documents on land use rights as prescribed in Article 137 of the Land Law but does not need to re-determine the residential land area, the Land Registration Office, Branch of the Land Registration Office shall:

- Consult the People's Committee of the commune where the land is located on the current status of land use and land disputes.

- send the Information Transfer Form to determine financial obligations for land according to Form No. 19 issued with Decree No. 151/2025/ND-CP to the tax authority to determine and notify the land user of financial obligations.

- After receiving a notice from the tax authority on the completion of financial obligations, the Certificate of land use rights and ownership of assets attached to land shall be issued for the entire area of the land plot according to regulations.

b) In case the land user has documents on land use rights as prescribed in Article 137 of the Land Law and needs to re-determine the residential land area, the Land Registration Office, Branch of the Land Registration Office shall check the dossier for granting the Previous Certificate, if eligible for re-determination of the residential land area, the dossier shall be transferred to the competent land management agency at the commune level where the land is located to carry out the following tasks:

- Determine the area and type of land according to the provisions of Points a, b and c, Clause 4 and 6, Article 141 of the Land Law.

- send the Information Transfer Form to determine financial obligations for land according to Form No. 19 issued with Decree No. 151/2025/ND-CP to the tax authority to determine and notify the land user of financial obligations collection.

- Submit to the Chairman of the People's Committee at the commune level to issue a Certificate of land use rights and ownership of assets attached to land after receiving a notice from the tax authority on the completion of financial obligations.

- Transfer the issued dossier and Certificate to the Land Registration Office, Branch of the Land Registration Office to edit and update changes in land records, land database and award the Certificate of land use rights and ownership of assets attached to land to the granted person.

Huy Hùng
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