“Navigating the Red Book Renewal: 9 Scenarios for a Seamless Transition”

The new government decree, 101/2024/ND-CP, issued on July 29, 2024, introduces a streamlined process for the issuance and exchange of land-use rights and ownership certificates for houses and other assets attached to the land.

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Cases for Re-issuance of Previously Issued Land Use Certificates:

1. Land users who wish to replace their Land Use Certificates issued before August 1st, 2024, with new Certificates of Land Use Rights and Ownership of Assets Attached to Land.

2. Previously issued Land Use Certificates are stained, blurred, torn, or damaged.

3. Land Use Certificates previously issued jointly for multiple land plots, now requiring separate certificates for each plot as per the land user’s request and in accordance with regulations on the issuance of Land Use Rights Certificates and Ownership of Assets Attached to Land.

4. The purpose of land use as stated on the previously issued Land Use Certificate differs from the land use classification defined in Article 9 of the Land Law and its implementing Decree by the Government.

5. The location of the land plot as indicated on the previously issued Land Use Certificate is inaccurate compared to its actual location at the time of certificate issuance.

6. The Land Use Rights and Ownership of Assets Attached to Land are jointly owned by a married couple, and the previous Land Use Certificate only bears the name of either the husband or the wife. A request has been made to reissue the certificate to include the names of both spouses.

7. The previous Land Use Certificate was issued in the name of a household. Now, the household members with shared land use rights request a new Land Use Rights Certificate and Ownership of Assets Attached to Land to include the names of all members with shared rights.

8. Change of address associated with the land plot for which the Land Use Certificate was issued.

9. Alterations in the dimensions, area, and plot number of the land due to cadastral surveying and mapping or land parcel mapping, provided that the plot boundaries remain unchanged.

Required Documents for the Re-issuance of Previously Issued Certificates:

+ A completed Land and Asset-Attached Land Use Change Registration Form (Form 11/ĐK) and the previously issued Land Use Certificate.

In case (7), mentioned above, the full names of all household members with shared land use rights must be included in the Land and Asset-Attached Land Use Change Registration Form (Form 11/ĐK).

+ An excerpt from the cadastral map of the land plot in case of land parcel mapping as mentioned in (9) above.

Procedure for Re-issuance of Previously Issued Certificates:

+ Land users and owners of assets attached to land shall submit the required documents as mentioned above to the competent authority: One-Stop Service Unit as stipulated by the Provincial People’s Committee for receiving and returning results of administrative procedures at the provincial, district, and communal levels; Land Registration Office; or Branch of the Land Registration Office.

+ The receiving agency shall accept the application and schedule an appointment to return the results to the land user and owner of assets attached to land.

If the receiving agency is the One-Stop Service Unit as stipulated by the Provincial People’s Committee, they shall forward the application to the Land Registration Office.

Nhat Quang