Red book is a term that people often use to call a land use right certificate based on the color of the certificate. In fact, the regulations of the land law so far have not regulated the Red Book and the Pink Book. According to the provisions of the Land Law 2013, a certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and house ownership rights. , other property legally attached to the land of the person who has the right to use the land, the right to own a house and the right to own other properties attached to the land. Thus, the red book is the everyday language of people to call the certificate of land use right, not regulated by law.
SERVICE FOR SUPPLYING LAND USE RIGHTS
What is the name of the red book?
Red book name transfer is the people's name to refer to the registration procedure for changes in the transfer, donation or inheritance of land use rights (only land), land use rights and other land-attached assets (including land use rights). land and houses or other assets attached to land).
According to the provisions of Clause 1, Article 95 of the Land Law 2013, changing the name of the Red Book is a mandatory procedure for the state to manage.
Cases of transferring the name of the Red Book
Case 1: The recipient of the transfer or donation of real estate is granted a new Red Book in his or her name.
Case 2: The recipient of the transfer or donation of real estate is not granted a new Red Book. If a new Red Book is not granted, information on the transfer or donation of real estate is shown on page 3, page 4 of the Red Book. At that time, the recipient of the transfer or donation of real estate still has full rights.
Conditions for transferring the name of the Red Book
Land users may exercise the rights to transfer, inherit or donate land use rights when meeting the following conditions:
Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of the Land Law 2013;
Undisputed land;
The land use right is not distrained to secure judgment enforcement;
During the land use period.
In case of not receiving the transfer or donation of land use rights
Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese, foreign-invested enterprises are not allowed to transfer or donate land use rights. for cases where the law does not allow the transfer or donation of land use rights.
Economic organizations may not receive the transfer of land use rights for rice cultivation, protection forest land, and special-use forest land of households and individuals, unless the land use purpose is changed according to master plans or plans on land use. land use has been approved by the competent state agency.
Households and individuals not directly engaged in agricultural production are not allowed to transfer or donate the right to use rice land.
Households and individuals are not allowed to transfer, receive or donate the right to use residential land or agricultural land in protection forest areas, in strictly protected sub-zones and ecological restoration sub-zones in special-use forests. if they do not live in such protection or special-use forests.
Procedures for transferring the name of the Red Book
Step 1: Notarize or authenticate the contract
Prepare notarization documents or contract authentication
For the case of transferring the name of the Red Book upon transfer or donation of land use rights
Notarization request form;
Contract of transfer or donation of the right to use;
Copy of identification documents such as CCCD/ID/Passport.
Copy of household registration book.
A copy of the certificate of land use right;
Copies of other papers related to the contract of transfer or donation of land use rights;
Papers proving marital relationship: for married people, it is marriage registration certificate. For people who are unmarried, divorced, or spouses no longer need to provide a Certificate of Marital Status.
Papers proving the origin of land use rights such as wills, written declarations, agreements on division of inheritance, donation contracts, written commitments on property, written agreements on division of common property.
For the case of transferring the name of the Red Book when inheriting land use rights
Notarization request form;
Papers proving the land use rights and property ownership of the estate leavers (mandatory according to Clause 2, Article 57 of the Law on Notary 2014);
Death certificate of the person/person who left the estate;
Copy of identification documents such as CCCD/ID/Passport. household registration of the heirs who are still alive at the time of carrying out the procedures.
Death certificate, grave confirmation, certificate/certificate of relationship of deceased heirs at the time of procedure.
Papers proving the relationship between the estate leaver and the inheritor in accordance with the law on inheritance.
A copy or original of the will is required if inheriting by will.
Relevant papers and documents on having property obligations, whether or not these property obligations have been paid or not paid.
Submit notarization or contract certification
The person requesting notarization shall submit a dossier of request for notarization of the contract at a notarial practice organization in the province where the land is located.
Receipt of notarized documents
The notary directly receives and examines the documents of thearea
Fees for appraisal of dossiers when transferring dossiers are regulated by provincial People's Committees, so the rate of collection varies between provinces and cities.
Administrative sanction for the case of not transferring the name of the Red Book
In the rural area
A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if within 24 months from the date of expiry of the time limit specified in Clause 6, Article 95 of the Land Law, no change registration is made;
A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the time limit is over 24 months from the time limit specified in Clause 6, Article 95 of the Land Law without registration of changes.
In urban areas
The sanction level is equal to 02 times the sanction level for each respective case in rural areas.
The fine level for organizations is equal to 02 times the fine level for individuals.
