Specifically, the issuance of certificates of land use rights and ownership of houses and other land-attached assets (red books) for an additional land area compared to the papers on land use rights for households. , individuals currently using land are regulated as follows:
The issuance of the Certificate is applied to the entire area of the land plot in use (including the original land plot area and the additional land area).
Dossier for issuance of Certificate (red book)
Dossier for issuance of Certificate in case the land area is increased due to the receipt of transfer, inheritance or donation of the certificated land use right:
In case the original land plot has been granted a Certificate, the dossier includes: 1.1- An application for re-grant or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 10/DK for the entire area of the land plot being used;
1.2- The original Certificate of the original land plot;
1.3- The original Certificate and the contract, document on the transfer, inheritance or donation of land use rights made according to the provisions of the increased land area.
In case of receiving transfer, inheritance or donation of the increased land area as prescribed in Clause 2, Article 82 of Decree No. 43/2014/NDCP then submit the original certificate of the transferor of the land use right or the contract or document on the transfer, inheritance or donation of the land use right of the increased land area.
In case the original land plot has not been granted a Certificate (red book), the application includes:
2.1- An application form for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK for the entire area of the land plot in use;
2.2 – One of the documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP of the land parcel origin;
2.3 – One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.
In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;
2.3- Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);
2.4. In case of registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People’s Court on the establishment of the limited use right to the adjacent land parcel. , enclosed with a diagram showing the location and size of the area of the land plot that the user of the adjacent land parcel has limited use rights;
2.5 – The original certificate and the contract, document on the transfer, inheritance or donation of land use rights made according to the provisions of the increased land area. In case of receiving transfer, inheritance or donation of the increased land area as prescribed in Clause 2, Article 82 of Decree No. 43/2014/NDCP, the original certificate of the transferor of the land use right or contract must be submitted. contracts, documents on the transfer, inheritance or donation of land use rights of the increased land area.
Dossier submitted in case the increased land area has not yet been granted a Certificate
According to the Circular, in case the land area is increased due to the transfer, inheritance or donation of land use rights before July 1, 2014, but the increased land area has the land use right documents specified in Clause 1 of this Article. Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP, the dossier includes:
3.1 – An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK, for the entire area of the land plot in use;
3.2 – The original certificate of the original land plot or the papers specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ ND-CP of the original land plot in case the original land plot has not been granted a Certificate;
3.3 – One of the papers specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP of the area additional land;
3.4 – One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land. In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;
3.5- Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);
3.6 – In case of registration of limited use right to an adjacent land plot, there must be a contract or written agreement or decision of the People’s Court on establishing the limited use right of the adjacent land parcel, enclosed according to the diagram showing the location and size of the area of the land plot that the users of the adjacent land parcel have limited use rights.
In case the additional land area has no land use right documents as prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/ 2017/ND-CP, the dossier includes:
4.1 – An application for registration and issuance of a Certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK for the entire area of the land plot in use;
4.2- The original Certificate of the original land parcel or the papers specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017 /ND-CP of the original land plot in case the original land plot has not been issued with a Certificate;
4.3 – One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land. In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;
4.4 – Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);
4.5 – In case of registration of limited use right to an adjacent land plot, there must be a contract or written agreement or decision of the People’s Court on establishing the limited use right of the adjacent land parcel, enclosed with according to the diagram showing the location and size of the area of the land plot that the users of the adjacent land parcel have limited use rights.
According to the Circular, in case the original land plot and the additional land area have already obtained a Certificate, the agency specified in Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5 of Article 1 of Decree No. 10/2023/ND-CP) signed for the Certificate.
In case the original land plot or the increased land area or the entire area of the original land plot and the increased land area have not yet been granted a Certificate, the branch of the land registration office or the land use right registration office shall prepare documents for the Department of Natural Resources and Environment to submit to the district-level People’s Committee for signing and granting the Certificate.
