According to Clause 21, Article 3 of the 2024 Land Law, assets attached to land granted with a Certificate of land use rights and ownership of assets attached to land (also known as red books) are houses and construction works attached to land according to the provisions of law.
Assets attached to land such as houses and construction works attached to land will be granted red books according to regulations. However, Clause 2, Article 151 of the 2024 Land Law stipulates that assets attached to land are not granted a Certificate of land use rights and ownership of assets attached to land in the following cases:
- Assets attached to land in which the land plot with such assets is not eligible for a Certificate of land use rights and ownership of assets attached to land as prescribed in Clause 1, Article 151 of the 2024 Land Law or does not meet the conditions for granting a Certificate of land use rights and ownership of assets attached to land;
- Houses or construction works temporarily built during the construction of the main works or temporarily built with paint, bamboo, rattan, leaves, soil; auxiliary works outside the scope of the main works and to serve the management, use, and operation of the main works;
- Property attached to land that has been notified or has been cleared or has been decided to reclaim land by a competent state agency, except in cases where it has been more than 3 years since the date of such notices or decisions but has not been implemented;
- Houses and constructions built after the time of announcing a ban on construction; construction encroaching on or occupying the protection boundary of technical infrastructure works, historical and cultural relics that have been classified; assets attached to land created after the time the planning was approved by the competent authority and the assets created are not in accordance with the planning approved at the time of issuance of the Certificate of land use rights and ownership of assets attached to land, except in cases where the owner of a house or construction work that is not a house as prescribed in Articles 148 and 149 of the 2024 Land Law has a construction permit with a term as prescribed by the law on construction;
- State-owned assets, except in cases where the assets have been identified as State capital contributions to enterprises according to the instructions of the Ministry of Finance;
- Assets attached to land not falling under the provisions of Articles 148 and 149 of the 2024 Land Law.
If the house belongs to one of the above cases, it will not be granted a red book.
