According to Clause 2, Article 131 of the 2024 Land Law, assets attached to land include houses and construction works. Assets attached to land will be registered at the request of the owner. Thus, it is not mandatory to record such assets in the Red Book.
However, since the Red Book is a legal document that confirms legal ownership, if an asset is not registered and reflected in the Red Book, the owner’s right to that asset will not be recognized.
Regarding the content of the assets attached to the land in the Red Book, Article 10 of Circular No. 10/2024/TT-BTNMT stipulates the following for assets that are houses but not apartments:
For detached houses, enter “Villa” or “Semi-detached house” or “Independent house”. For detached houses built under a project, the name of the house according to the approved construction project investment or investment policy decision shall be reflected in the Red Book.
For apartment buildings, apartment buildings with mixed-use purposes (apartment buildings) that the investor has not sold and wishes to grant the Red Book for the whole building: The Red Book shall state the name of the apartment building according to the approved construction project investment or investment policy decision.
For construction works that are not apartments: The name of the work shall be reflected in the Red Book according to the investment project/detailed construction planning/investment license/construction permit.
If there are multiple items, they shall be listed in the order of the project approval decision/investment decision/investment license/investment registration certificate/investment registration certificate.
For assets that are apartments, tourist apartments, apartment offices, offices, commercial establishments, services, etc. (hereinafter referred to as apartments), the Red Book shall state the name of the asset as determined by the owner or as stated in the sales contract – name of the work/apartment building.
In addition, the Red Book also records information about the characteristics of the asset. For detached houses: Clearly record the construction area, floor area, number of floors, structure, and grade of the house.
In addition, the Red Book also records information about the form of ownership of assets attached to land (including two types of private ownership or common ownership, of which private ownership is the asset of one owner; common ownership if the asset belongs to two or more owners…); Information on the term of ownership of assets attached to land; Information on the address of the property; Information on restrictions on ownership.
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