Can a co-owner have separate books according to the new provisions of Vietnamese law?
“Hello, Lawyer. Currently, my family is wanting to carry out the red book separation procedure and has some issues that I want to ask the law office for assistance with related to the Red Book Co-Owner. Currently, the red book the family is in the name of two individuals, my father and my sister, each family has a separate house adjacent to each other and has a parcel of land next to it. Can a co-owner have separate books according to the new provisions of Vietnamese law? Please advise me. I would like to sincerely thank you.”
Because your family’s land use right certificate is a joint land use certificate, if you want to split the book, it must be agreed upon by all the people named on the certificate of land use rights. on that land. To answer your questions, today, LSX Lawfirm will give you an article about “Can a co-owner have separate books according to the new provisions of Vietnamese law?“, as follows:
What is a rose book?
Pink book is a common name used by people based on the color of the book, but in essence is a certificate of land use rights, ownership of houses, and properties attached to the land. The book is issued by the Ministry of Natural Resources and Environment according to Circular No. 17/2009/TT-BTNMT and Decree No. 88/2009/ND-CP issued by the Government.
Pink books are issued according to a uniform form and applied nationwide to all types of land, houses, and other assets attached to land…
Based the form of establishing ownership in the pink book, can be divided into two types:
Separate pink book/LURC for a single owner.
Co-ownership pink book/ Joint pink book/ LURC for multiple owners.
What is a co-ownership book?
The co-ownership pink book, also known as the common book, is also the LURC, the right to own houses and assets attached to the land. Owners include 2 or more people who are not married or have children.
The legal value of these two types of books is the same, applicable everywhere in the whole country to all types of land, houses, and other properties attached to land… However, the right to decide on the purpose of use depends on the discretion of the remaining owners.
For the pink book, the difference is in the name of the owner, whose name will be on that person’s book. At the same time, on the cover, at the bottom of the book, there will be the words “Co-use the land for Mr/Mrs…” (This is also a sign of the red book of co-ownership compared to the separate pink book). The total land area will be recorded in the book and how much land the owners have, they will make a written agreement between the parties then.
Can a co-owner have separate books according to the new regulations?
When buying a house with co-ownership, buyers all have the need to separate their own books for more peace of mind and easily decide on their property.
The separation of the common book into separate books according to the provisions of law, the person who wants to separate the parcel must carry out the procedures and apply for the issuance of the LURC for the separated land plots. However, the division of plots must meet the conditions of planning and the minimum area of plot separation in that locality.
What is the current process and procedures for separating pink books?
– Documents to be prepared (according to Clause 11 Article 9 of Circular 24/2014/TT-BTNMT of MONRE) then:
Application for division of parcels.
Original Certificate issued.
– Firstly, Submission of documents: Branch of the Land Registration Office or the agency that receives the application in accordance with regulations of the Provincial People’s Committee.
– Secondly, Pay the cadastral fee (the rate is decided by the People’s Council of the province). If they are households or individuals in rural areas, they do not have to pay cadastral fees.
– Thirdly, Processing time: no more than 15 days from the date of receiving the application. if it is a mountainous area, island, deep-lying area, remote area, or area with difficult socio-economic conditions, the time limit is 30 days.
What is the procedure to separate the red book for children in 2022?
Dossier to perform red book separation for children 2022
According to current regulations, you need to prepare a dossier including the following documents:
- Firstly, the Application form for the division of parcels according to the prescribed form
- Secondly, Certificate of land use right (original).
- Thirdly, Contract on transfer or donation of land use rights from mother to child or corresponding valid papers;
- Finally, Identity card, household registration of both parties transferring or giving (notarized).
The order of procedures to separate the red book for children in 2022
Step 1: Prepare documents according to regulations
Step 2: Submit your application to the Division of Natural Resources and Environment of the District People’s Committee.
If the application is sufficient, we will receive it and record it in the acceptance book and make an appointment for you. In case the dossier is incomplete, within 03 working days, the receiving agency must notify you so that you can supplement and complete the dossier then.
Step 3: After receiving the application, the land registration office is responsible for performing the following tasks:
Send people down to measure and check the cadastral to perform the separation of the parcel at the request of the individual who has the land then.
Prepare a dossier and send it to the Department of Natural Resources and Environment for approval. And update the registration file for land change then.
Step 4: Get the result.
Time to process red book separation procedure
Time to process red book separation procedure The settlement time for the case of parcel separation is carried out within 15 days from the date of receiving the dossier then.
In some cases in mountainous communes, islands, or areas with difficult or extremely difficult economic conditions… the maximum time for settlement is 25 days then.
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Related questions
“Pink Book” means the Certificate of Land Use Right; ownership of houses and other land-attached assets is a legal deed for the State to certify land use rights; homeownership; other property attached to the lawful land of the person having the land use right; ownership of houses and ownership of other properties attached to the land.
Although in fact the Pink Book usually records the term as 50 years (depending on the apartment project); the law does not specify how long the Pink Book is valid. The value of the Pink Book depends on the duration of the apartment.
The joint ownership pink book is a type of joint ownership certificate. There; has more than 2 owners without the owner’s children or spouse. The joint pink book is also known as the common pink book; a private book of the same plot. Both the private pink book and the joint ownership pink book have the same legal value. All are granted and recognized by the State; applied everywhere in the whole country to all types of houses, land, and other assets attached to the land.
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