Red book is the word commonly used by people to call a Land Use Rights Certificate based on the color of the Certificate. Accordingly, Clause 21, Article 3 of the 2024 Land Law stipulates the Certificate as follows:
- Certificate of land use rights, ownership of land -attached assets is a legal certificate for the State to confirm the land use rights and ownership of assets attached to the legal land of land use rights and property ownership of land -attached assets. Assets attached to land are granted certificates of land use rights, ownership of properties attached to land such as houses and construction works attached to land in accordance with the law. Certificate of land use rights, certificates of land use rights, ownership of houses and other assets attached to land in accordance with the relevant laws shall comply with the provisions of this Law with the same legal value as a certificate of land use right, ownership of property attached to the land in this Law.
Article 33 of the 2014 Law on Marriage and Family stipulates the common property of a husband and wife as follows:
- The common property of a couple includes assets created by the husband and wife, income from labor, production and business activities, profits, profits arising from private property and other legal income during the marriage, except for the cases specified in Clause 1, Article 40 of this Law; assets that the husband and wife are jointly inherited or given to the husband and wife and other assets agreed upon by the husband and wife are common property.
The right to use land that the husband and wife have after marriage is the common property of the husband and wife, except in cases where the husband or wife is a separate heir, is given to them separately or is acquired through transactions in separate assets.
According to the above regulations, a red book is a document confirming the land use rights and house ownership rights of people with land use rights and house ownership rights. Therefore, land without a red book will lead to complicated and difficult procedures for dividing land use rights due to the lack of documents confirming land use rights.
However, if the house or land is eligible for a red book but has not been granted and this property is determined to be the common property of the couple, when there is a request for division, the competent court will still accept and resolve it.
It should also be noted that determining whether or not land is eligible for a red book depends on factors such as:
- Documents and papers of the land plot during use and management
- Land is not in dispute or violated during land use...
Thus, land without a red book for divorce can still be divided by the court when the person requesting the preparation of documents and papers proving that the right to use land and the right to own a house is the common property of the couple and this land is eligible for a red book.
