NEW REGULATIONS ON ISSUANCE OF RED BOOK FROM 20/5/2023

NEW REGULATIONS ON ISSUANCE OF RED BOOK FROM 20/5/2023

On  April 3, 2023, the Government issued Decree 10/2023/ND-CP amending the Decree guiding the implementation of the Land Law (Decree 10/2023/ND-CP). The Decree is about to take effect on May 20, 2023 with some outstanding new points on the issuance of certificates of land use rights, ownership of houses and other assets attached to land (issuance of red book).

Lincon Law Firm would like to briefly present as follows:

1. Resort, villa, condotel… may be issued a red book

Clause 4 Article 1 of Decree 10/2023/ND-CP adds completely new regulations on certification of ownership of construction works used for tourist accommodation purposes on commercial land and services.

Accordingly, resorts, villas, condotels … may be granted certificates of ownership of construction works attached to land according to commercial or service land use purposes. To be certified, the project must fully meet the conditions with the term of use in compliance with the provisions of the law on land, construction and real estate business.

The owner of the construction work is responsible before law for ensuring these conditions.

2. Competence to issue a red book

The Decree amending and supplementing regulations on the competence to grant certificates  and certifying changes to issued certificates, in Clause 5 Article 1 of Decree 10/2023/ND-CP.

Accordingly, in some cases, the authority to grant will belong to the Land Registration Office instead of the Department of Natural Resources and Environment as stipulated in Decree 43/2014/ND-CP (amended by Decree 01/2017/ND-CP).

Specifically:

For localities that have established land registration offices, the issuance of certificates and confirmation of changes to issued certificates shall comply with their respective competence:

– Land Registration Office: For religious organizations and establishments; overseas Vietnamese implementing investment projects; foreign organizations and individuals; foreign-invested enterprises;

– Branch of Land Registration Office or Land Registration Office: For households, individuals, residential communities, overseas Vietnamese are entitled to own houses attached to residential land use rights in Vietnam.

The Land Registration Office, Branch of the Land Registration Office may use its seal to carry out the issuance of the Certificate, certifying the change to the issued Certificate.

3. Issuance of red book online

Procedures for issuance of certificates in the electronic environment are specified and clearer than Clause 7 Article 1 of Decree 10/2023. Correspond:

– The receipt and settlement of dossiers by competent agencies must comply with the order and administrative procedures on land in accordance with the provisions of land law.

– The inspection, verification, clarification or other cause without returning the result of processing the application on time will be done through sending a written notice or via the Public Service Portal or via SMS to the requester.

– Land users fulfill financial obligations in person or online through the payment function of the Public Service Portal.

4. In case of issuance of red book, additional documents must be added

In addition, in case of issuance of a Red Book, additional documents must be issued for real estate business projects other than housing development projects, at Point b, Clause 11, Article 1 of  Decree 10/2023. Accordingly:

After completing the project, the investor shall send to the competent agency the dossiers as prescribed:

– Certificates of land use rights, ownership of houses and other assets attached to land;

– Documents of fulfillment of financial obligations of the project owner. In case there is a change in financial obligations, documents proving the completion of financial obligations for such change must be submitted (except for cases of exemption or delay in submission as prescribed by law);

– Site design drawings in accordance with the current construction status and signed contracts;

– Notification of specialized construction agencies allowing investors to accept work items or works or approve results of acceptance and completion of work items or works put into use;

– List of assets (works, work items, area of work items).

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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