Cases of refusal to accept red book application according to new regulations

Như Hạ |

When applying for a red book, people must prepare complete documents, declare consistently and accurately and submit them to the correct place, otherwise the application will be refused.

Clause 2, Article 19 of Decree 101/2024/ND-CP, the agency handling the procedures shall not accept the dossier or stop handling the procedures for land registration and property attached to land and return the dossier to the person requesting registration, except in the case of first-time land registration without granting a Certificate of land use rights and property ownership rights attached to land, when there is one of the following grounds:

1. Not within the authority to receive the application or the application does not have complete components or does not ensure consistency of information content between documents or the declared content does not contain complete information according to regulations.

Thus, if households and individuals do not submit their applications to the application receiving agencies listed below, their applications will be rejected.

- One-stop department according to regulations of the Provincial People's Committee on receiving dossiers and returning results of administrative procedure settlement at provincial, district and commune levels.

- Land registration office.

- Branch of Land Registration Office.

2. Receive a document from the civil enforcement agency or the competent agency or person requesting to suspend or stop the registration and issuance of the Certificate of land use rights and ownership of assets attached to land for assets that are land use rights and assets attached to land of land users and owners of assets attached to land that are subject to enforcement of judgments according to the provisions of law.

3. Receive written notice of property seizure for enforcement of judgment.

4. Receive a document from the People's Committee at the commune level or the People's Committee at the district level or the People's Committee at the provincial level or the Minister of Natural Resources and Environment on the acceptance of a request for land dispute mediation or a request for settlement of a land dispute or a dispute over assets attached to land.

5. Receive a document from the competent People's Court regarding the acceptance of the application for settlement of land disputes and property attached to land.

6. Receive a document from the Vietnam Commercial Arbitration Center regarding the acceptance of a petition to resolve a dispute between parties arising from commercial activities related to land and assets attached to land.

7. Receive a document requesting to stop performing administrative procedures on land to apply temporary emergency measures from a competent authority.

8. In case of registration of land changes due to transfer or donation of land use rights and ownership of assets attached to land, where the land use rights and ownership of assets attached to land are being mortgaged and have been registered at the Land Registration Office or Branch of the Land Registration Office, but the registration file for transfer or donation does not have a document from the mortgagee agreeing to allow the mortgagor to transfer or donate the land use rights and ownership of assets attached to land.

9. In case the investor has mortgaged and registered the mortgage of a housing construction investment project or future housing, a non-housing construction investment project, an agricultural investment project, a forest development project, or other projects using land or construction works belonging to these projects at the Land Registration Office or a Branch of the Land Registration Office, where the investor transfers land use rights or sells assets attached to the land but has not yet carried out the procedure for registration of changes to reduce the mortgaged assets which are transferred or sold assets.

Except in cases where the mortgagee and the property buyer agree to continue using the property as collateral and register a change of the guarantor in accordance with the provisions of law on registration of security measures.

Như Hạ
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