Can a new red book be issued when registering a land change?
1. Cases of land change registration will not be issued new red books
In cases of land change registration, new red books are not issued but changes must be confirmed in the already issued red books, including:
- Receive the right to use the entire land area, ownership of all assets attached to the land for which the Certificate has been issued in cases of conversion, transfer, inheritance, donation, or capital contribution; Successful conciliation of land disputes recognized by the People's Committee at competent levels; agreements in mortgage contracts to handle debt; Administrative decisions of competent state agencies on resolving land disputes, complaints and denunciations about land, decisions or judgments of the People's Court, decisions on enforcement of judgments of enforcement agencies the sentence has been carried out; Document recognizing the winning results of land use rights auction in accordance with the provisions of law;
- Transfer the right to use part of the land plot area, part of the assets attached to the land for which the Certificate has been issued to another person in the cases specified in Point a of this Clause or transfer the right to use one or several plots of land. In plots of land issued with a common Certificate, the transferor is certified in the issued Certificate;
- Converting land use rights, ownership of houses and other assets attached to land of husband or wife into common land use rights, ownership of common property of husband and wife;
- Registering mortgages, deregistering mortgages, registering changes in mortgage content with land use rights, assets attached to land that have been formed or will be formed in the future;
- Investors who are allocated or leased land by the State to invest in the construction and business of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, and high-tech zones must register for rent, sublease land; delete registration of land lease or sublease;
- Households and individuals establish private enterprises or vice versa; company transformation; division, separation, merger, and consolidation of enterprises are not subject to transfer of land use rights or ownership of assets attached to land;
- Land users and owners of assets attached to land are allowed to change their names; Confirm changes in information about legal entity, ID card number, Citizen Identification card number, personal identification number, address on the issued Certificate according to the needs of land users and owners assets attached to land; Confirm changes in information about legal entity, ID card number, Citizen Identification card number, personal identification number, address on the Certificate issued simultaneously with land change registration procedures, assets attached to land;
- Reduction of land area due to natural landslides;
- Changes in restrictions on the rights of land users and owners of assets attached to land;
- Changes in financial obligations recorded on the Certificate;
- Changes in assets attached to land recorded on the Certificate; Certificate of addition of assets attached to land to the issued Certificate;
- Change information about plot numbers; plot area measured; name of the administrative unit where the land plot is located;
- Change the purpose of land use;
- Change in land use term;
- Switch from the form of State leasing land with annual land rent collection to the form of land leasing with one-time payment for the entire lease period; from the form of land allocation by the State without collecting land use fees to the form of land lease; from land lease to land allocation with collection of land use fees according to the provisions of land law;
- Establishing, changing or terminating limited use rights of adjacent land plots;
- The State recovers part of the area of the land plot that has been granted a Certificate;
- Correct the content on the issued Certificate due to errors during the writing or printing process;
- Certificates issued together for many plots of land have been separated to issue a separate Certificate.
(Clause 1, Article 17 Circular 23/2014/TT-BTNMT, as amended by clause 2 of Article 1 Circular 14/2023/TT-BTNMT)
2. Cases of land change registration are issued with new red books
Cases of land change registration that are granted new red books include:
- Merge multiple plots of land into a new plot of land; Split a plot of land into many new plots of land in accordance with the provisions of law; The land plot is separated to issue a separate Certificate in cases where the Certificate has been issued to multiple plots;
- Change the use purpose of a portion of the land plot with permission from a competent authority;
- People who rent or sublease land use rights from investors who are allocated or leased land by the State to invest in construction and business of infrastructure in industrial parks, industrial clusters, export processing zones, and economic zones , High-tech Zone;
- In case of receiving transfer of rights to use part of the land area and assets attached to the land on the issued Certificate in the forms specified in Point a of this Clause;
- Agreement to consolidate or divide land use rights and assets attached to land of households, husband and wife or groups of people who jointly own and use;
- Additional certificate of ownership of assets attached to land on the land plot for which the Certificate has been issued;
- Change all land plot information due to cadastral mapping; change in residential land area in a plot of land with a garden or pond attached to the house due to redefining the residential land area according to regulations;
- The issued certificate is damaged or lost;
- Cases of registration of changes in land use rights and ownership of assets attached to land where on page 4 of the issued Certificate there is no blank line to confirm the change;
- Cases of registration of changes in land use rights and ownership of assets attached to land specified in Points a, b, e, g, h, l, m, n and r Clause 1 Article 17 Circular 23/2014/TT-BTNMT where land users and owners of assets attached to land need a new Certificate.
(Clause 1, Article 17 Circular 23/2014/TT-BTNMT, modified byCircular 09/2021/TT-BTNMT)