The red book is one of the most important documents proving land use rights in Vietnam. If you’re unsure about the procedures, sequence, and fees for obtaining this certificate for the first time, read on for a comprehensive guide.
1 Prepare the Necessary Documents for Your First Red Book Application
According to Articles 100 and 101 of the 2013 Land Law, the process of obtaining a red book for the first time is divided into two groups, each with its own set of documents depending on the specific situation.
Group 1: For those who have complete documents proving land use rights (QSDĐ), the following documents are required:
- Application for registration and red book issuance, using Form No. 04a/ĐK.
- Documents proving land use rights (QSDĐ) as specified in Article 100 of the 2013 Land Law and Article 18 of Decree No. 43/2014/NĐ-CP. Submit copies and present originals for verification.
Documents related to assets attached to the land include:
- Certificate of ownership for residential houses or non-residential construction works.
- Certificate of ownership for productive forests or perennial plants (if applicable).
- For ownership of residential houses or construction works, a floor plan is required unless it is already included in the ownership certificate.
Preparing Documents for Your First Red Book Application
- Proof of financial obligations such as tax receipts, land use fees, etc.; documents related to exemptions or reductions in financial obligations regarding land and attached assets (if any).
- Other documents such as household registration book, identity card, or citizen identification card.
Group 2: For those who don’t have documents proving land use rights but meet the conditions for issuance (as mentioned in section 2.2 above), the following documents are required:
- Application for registration and red book issuance, using Form No. 04a/ĐK.
- Confirmation from the People’s Committee at the commune level regarding stable and long-term land use.
- Confirmation from the People’s Committee at the commune level that there are no disputes and that the land use complies with the planning regulations.
- Proof of financial obligations such as tax receipts, land use fees, etc.
- Other documents such as household registration book, identity card, or citizen identification card.
2 Procedures for Obtaining a Red Book for the First Time
Applicants for a first-time red book should submit their documents to the People’s Committee or the Branch of the Land Registration Office at the district level, as specified in Articles 2 and 3 of Decree No. 43/2014/NĐ-CP.
If the application is incomplete, the agency will notify the applicant and provide guidance on how to supplement the missing documents within three days of receiving the initial application.
Administrative Agency Receiving and Processing the Application
If the application is complete and accurate, the agency will accept it, record the information in the receipt book, and provide the applicant with a receipt indicating the date for picking up the results.
After receiving the tax notification from the tax department, the applicant must pay the following fees:
– Certificate issuance fee, land use fee (if applicable), registration fee, and dossier evaluation fee (if applicable).
– Keep the receipt as proof of payment and present it when receiving the certificate.
Once all the required fees and taxes have been paid, citizens will receive their Land Use Rights Certificate within the specified timeframe. In cases where citizens are exempt from land use fees or have their fees recorded as debt and have completed the necessary procedures, they may receive their certificates without paying the required fees.
If the application was submitted to the Branch of the Land Registration Office, the applicant can either pick up the certificate in person or have it sent to the People’s Committee at the commune level for collection if they applied through the commune.
3 Costs for Obtaining a Red Book for the First Time
Fees to Be Paid After Submitting the Application
After submitting the application, the applicant must fulfill the following financial obligations to obtain the Land Use Rights Certificate:
- Registration fee: 0.5% x land area x price per square meter (as determined by the provincial People’s Committee).
- Land use fee: based on the local land price table.
- After completing the procedures and keeping the receipt, the applicant will receive their Land Use Rights Certificate within 30 days.
4 Frequently Asked Questions About the Red Book Application Process
What to do if there is a delay in receiving the red book?
Citizens have the right to file a complaint about the administrative acts of land management officials if there is a delay in issuing the red book.
According to Article 204 of the 2013 Land Law, once the verification and procedures are completed, the competent authority has the responsibility to resolve the request and notify the applicant. If there is a delay in issuing the red book, citizens can file a complaint about the administrative acts of land management officials.
Can a handwritten contract be used to obtain a red book?
According to Clause 54, Article 2 of Decree 01/2017/NĐ-CP, there are certain cases where a handwritten contract for the sale and purchase of a house or land transfer can be used to request a Land Use Rights Certificate, even without notarization or authentication.
- For households or individuals who acquired the land through a transfer from another household or individual before January 1, 2008.
- For households or individuals who acquired the land through a transfer from another household or individual between January 1, 2008, and July 1, 2014, and do not have a Land Use Rights Certificate but possess one of the documents proving land use rights as specified in Article 100 of the Land Law 2013 and Article 18 of Decree 43/2014/NĐ-CP.
What is the procedure for reissuing a lost red book?
According to Article 77 of Decree No. 43/2014/NĐ-CP, dated May 15, 2014, of the Government, detailing a number of articles of the Land Law, the procedure for reissuing a lost certificate is as follows:
1. Households and individuals, and community residents must report the loss of the Land Use Rights Certificate, the Certificate of Ownership of Houses and other land-attached assets to the People’s Committee at the commune level where the land is located. The People’s Committee is responsible for posting a notice of the loss at its office, except in cases of loss due to natural disasters or fires.
Organizations, religious institutions, overseas organizations and individuals, overseas Vietnamese, and Vietnamese residing abroad must publish a notice of the loss in the local mass media.
2. After 30 days from the date of posting the notice of loss at the office of the People’s Committee at the commune level for households, individuals, and community residents, or from the date of the first publication in the local mass media for organizations, overseas organizations and individuals, overseas Vietnamese, and Vietnamese residing abroad, the person who lost the certificate shall submit a set of documents requesting the re-granting of the certificate.
3. The Land Registration Office shall examine the dossier; extract the land map or conduct a land survey if there is no cadastral map or land survey; establish a dossier and submit it to the competent state agency as specified in Article 37 of this Decree to decide on the cancellation of the lost certificate and the re-granting of the Land Use Rights Certificate, ownership of houses and other assets attached to the land; make entries and updates in the land register and database; and hand over the Land Use Rights Certificate, ownership of houses and other assets attached to the land to the person granted the certificate or send it to the People’s Committee at the commune level for delivery if the application was submitted at the commune level.”
Procedure for Reissuing a Lost Certificate
Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 23, Article 2 of Decree No. 01/2017/NĐ-CP) specifies the competent authority for reissuing the certificate:
1. For localities that have established a Land Registration Office in accordance with Clause 1, Article 5 of this Decree, the Department of Natural Resources and Environment shall grant the Land Use Rights Certificate, ownership of houses and other assets attached to the land to land users and owners of assets attached to the land who have been granted the Land Use Rights Certificate, Certificate of Ownership of Houses, and Certificate of Ownership of Construction Works in the following cases:
a) When land users and owners of assets attached to the land exercise their rights and must be granted a new Land Use Rights Certificate, ownership of houses and other assets attached to the land;
b) Re-granting and replacing the Land Use Rights Certificate, Certificate of Ownership of Houses, and Certificate of Ownership of Construction Works.
2. For localities that have not established a Land Registration Office in accordance with Clause 1, Article 5 of this Decree, the granting of the Land Use Rights Certificate for the cases specified in Clause 1 of this Article shall be done as follows:
a) The Department of Natural Resources and Environment shall grant the Land Use Rights Certificate, ownership of houses and other assets attached to the land to domestic organizations, religious organizations; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and enterprises with foreign investment.
b) The People’s Committee at the district level shall grant the Land Use Rights Certificate, ownership of houses and other assets attached to the land to households, individuals, and community residents, and overseas Vietnamese owning houses attached to land use rights in Vietnam.
3. For localities that have established a Land Registration Office, the certification of ownership of houses and other assets attached to the land into the granted certificate shall be done by the Land Registration Office or its branch as decided by the provincial People’s Committee.
4. The provincial People’s Committee shall, based on the specific conditions of the locality regarding the organizational apparatus and material facilities of the Land Registration Office, decide on authorizing the Department of Natural Resources and Environment to grant the Land Use Rights Certificate, ownership of houses and other assets attached to the land in the cases specified in Clause 1 of this Article.
In cases where the Department of Natural Resources and Environment is authorized to grant the Land Use Rights Certificate, ownership of houses and other assets attached to the land as specified in Clause 1, Article 105 of the Land Law and this Clause, the seal of the Department of Natural Resources and Environment shall be used.
5. The Ministry of Natural Resources and Environment shall prescribe the cases of granting the Land Use Rights Certificate, ownership of houses and other assets attached to the land when registering land and asset changes and confirming changes in the granted certificate.”
What is the procedure for having two names on the red book?
According to Clause 2, Article 98 of the 2013 Land Law, there is no limit to the number of names that can be on the red book. There are two cases where two names can be on the red book: when the two individuals are legally married spouses or when they are not spouses but jointly purchase, receive as a gift, or inherit the property, etc.
For two individuals who are legally married spouses:
- Household registration book.
- Legal documents for the purchase of the house and land during the marriage.
- Documents for the gift or inheritance of the property (if applicable).
- Application for changing the name on the certificate, using Form No. 10/ĐK.
- Original copy of the previously issued certificate.
For two individuals who are not spouses:
- Identity card or Citizen Identification Card.
- Contract for the joint purchase, transfer, gift, or inheritance of the house and land.
- Application for changing the name on the certificate, using Form No. 10/ĐK.
- Original copy of the previously issued certificate.
What are the procedures for transferring the red book to another name?
For the transfer of the red book, the following procedures must be followed:
- Notarize or certify the contract.
- Declare and pay personal income tax and registration fees.
- Register the change (declaration and payment of taxes and fees can be done at the same time as registering the change if the transferee pays the taxes on behalf of the transferor).
The red book, or Land Use Rights Certificate, is an important document for proving land ownership. The above guide provides comprehensive information on the procedures for obtaining a red book for the first time.
