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- 02 / 08 / 2024 -
ABOLITION OF THE REGULATION ON GRANTING LAND TO HOUSEHOLDS FROM AUGUST 1
The 2024 Land Law abolishes the regulation on issuing land use rights certificates to households. Instead, family members will share land use rights as recorded in the certificate.Under the 2013 Land Law, land users included households. However, the 2024 Land Law has removed the regulation regarding households as land users. This abolition addresses difficulties in identifying household members and conducting transactions on land use rights when the land use rights certificate only lists the head of the household. Additionally, the names of the “red book” and “pink book” have been updated in the 2024 Land Law.

Clause 4 of Article 256 of the 2024 Land Law stipulates land use rights certificates, house ownership certificates, and residential land use rights certificates issued to household representatives before the 2024 Land Law takes effect can be reissued if members sharing land use rights in the household so desire. The new certificate will include the names of all members sharing land use rights. The determination of household members sharing land use rights to be listed on the certificate will be agreed upon by the members and will be legally binding.

The 2013 Land Law stipulated that households were among the entities eligible for land use rights certificates (LURC). However, according to the new regulations noted in Articles 3 and 4 of the 2024 Land Law, households are no longer among the entities eligible for land use rights certificates.

For LURCs previously issued to households, Clause 4 of Article 256 of the 2024 Land Law provides that certificates issued before the 2024 Land Law took effect can be reissued if members sharing land use rights in the household so desire. The new certificate will include the names of all members sharing land use rights. The determination of household members sharing land use rights to be listed on the certificate will be agreed upon by the members themselves and will be legally binding.

The “red book” and “pink book” are common terms used by the public based on the color of documents certifying land use rights or house ownership. Clause 21 of Article 3 of the 2024 Land Law stipulates that the land use rights certificate and the certificate of ownership of assets attached to land are legal documents by which the State confirms lawful land use rights and ownership of assets attached to land. Assets attached to land that are granted land use rights certificates and ownership certificates include houses and structures attached to the land according to the law.

Additionally, the 2024 Land Law adjusts the concepts related to LURCs commonly referred to as “red book” and “pink book.” According to the 2013 Land Law, Decree No. 88/2009/ND-CP, and Circular No. 17/2009/TT-BTNMT, these documents were officially named the Land Use Rights Certificate, House Ownership Certificate, and Certificate of Ownership of Other Assets Attached to Land.

From August 1, 2024, these documents will be officially named the Certificate of Land Use Rights, Ownership of Assets Attached to Land under the 2024 Land Law.

The 2024 Land Law takes effect from August 1, 2024.

This bulletin is for informational purposes only regarding newly enacted legal regulations and is not intended for advising or applying to specific cases.

Bizlawyer is honored to accompany our esteemed readers!

CONDITIONS FOR MINI APARTMENTS TO BE ISSUED CERTIFICATES OF OWNERSHIP