There are many new points related to certificates of land use rights, ownership of houses and other land-attached assets (red books) applied from September 1, 2021.

The Ministry of Natural Resources and Environment has issued Circular No. 09/2021/TT-BTNMT amending and supplementing 9 Circulars guiding the implementation of the 2013 Land Law.

Circular 09/2021/TT-BTNMT takes effect from September 1, 2021.

Additional cases of registered volatility are granted certificates

According to Clauses 2 and 3, Article 1 of Circular 09/2021, additional cases of certificated change registration include:

The land plot is split up to issue a separate Certificate in case the Certificate has been issued jointly for many plots.

Change of residential land area in a land parcel with gardens and ponds attached to houses due to re-determination of residential land areas according to regulations.

New regulations on barcodes of red books

According to current regulations (Article 15 of Circular 23/2014), barcodes are printed at the bottom of page 4 when issuing Certificates.

Barcode structure as MV = MX.MN.ST.

In which, MX is the code of the commune-level administrative unit where the land parcel is located, shown according to the Prime Minister's decision on the list and codes of administrative units in Vietnam; In case the Certificate is issued for a land plot located in more than one commune-level administrative unit, the code of the commune with the largest area shall be recorded;

Now, Clause 1, Article 1 of Circular 09/2021 supplements: In case the district level does not have a commune-level administrative unit, the code of the commune-level administrative unit (MX) shall be replaced by the code of the district-level administrative unit according to the Decision No. Decision of the Prime Minister on the list and codes of administrative units of Vietnam.

In case the Certificate is issued under the authority of the People's Committee of the province, the code of the province or city directly under the Central Government shall be added in front of the code of the commune, ward or township where the land is located or before the code of the administrative unit. district level where land is available for district level without commune-level administrative units.

Additional cases where the confirmation of changes must be recorded in the issued red book

Clause 4, Article 1 of Circular 09/2021 amending and supplementing Clause 16, Article 18 of Circular 23/2014 (a donation of part/all of the land plot to build roads, irrigation or other public works) as follows: :

In case the State recovers part of the area of ​​the land plot in order to be granted a Certificate, the issued Certificate shall be written "Recovered by the State... m2, the remaining area is... m2 with the parcel number" is..., the remaining land-attached assets are... (write in case the ownership of land-attached assets has been certified), according to file number... (write code of manual file) registration procedure)".

In case the land user donates a part of the land plot on the granted Certificate to a land plot for construction of roads, irrigation or other public works, the issued Certificate shall be written "Gifted to for ... m2 to do... (roads or irrigation or other public works) according to (insert name and date of signing the document on donation of land); the remaining area is … m2”;

In case the land user donates the entire land plot, the issued Certificate shall read "Given the entire land parcel for construction... (roads or irrigation or other public works) according to.. . (insert name and date of signing the document on land increase)”.

In case the land user donates part of the area of ​​one or several land plots, donates a land plot or several land plots on the issued Certificate, for many land plots for construction of roads, irrigation or In case of other public works, the issued Certificate shall read "Gifted to ... m2 belonging to land plot No ... map sheet No... (in turn write area, number of land plot, number of local map sheets, respectively. main land plot) to do... (roads or irrigation or other public works) according to... (insert name and date of signing the document on donation of land), remaining area is ... m2 of land plot number ... map sheet number, .. (in turn, write remaining area, number of land plot, number of cadastral map sheets of each donated land plot)";In case the land user donates all the land plots on the Certificate of general grant of many land plots, the issued Certificate shall read "All parcels of land have been donated for construction... (roads or irrigation or other public works) under... (insert name and date of signing the document on donation of land)".

Currently, Clause 16, Article 18 of Circular 23/2014, only instructs how to write in case of voluntary donation of a part of the land plot for construction of roads, irrigation or other public works.

Clause 5, Article 1 of Circular 09/2021 supplementing the way of recording when a land parcel is separated to issue a separate Certificate: In case the above Certificate has been issued jointly for many land plots, there is a separate land parcel a Certificate, on the granted Certificate, write "Land plot... (number of plots, number of map sheets) area...m2 separated for separate issuance of Certificate; according to application No.. . (write code of application for registration procedure)".

Making a red book without a copy of ID card / CCCD / household registration book

This is a new regulation on application documents for land registration and red book issuance in Circular 09/2021/TT-BTNMT.

Specifically, for the case of submitting an application to carry out the procedures for registration of land and land-attached assets, the issuance of a Certificate requires that the component is a copy of the People's Identity Card or the Military ID Card. or citizen's identity card or household registration book or other papers to prove identity, then:

The receiving authority uses data from the national population database without requiring the applicant to submit these documents to prove their identity in the event that the national population data is share and connect with data of industries and fields (including the land sector).

With this new regulation, when the national population data is shared and connected to the data of the land sector, people will not need to carry copies of the following documents when carrying out procedures for issuance of red books: ID card, CCCD, household registration book, ... as at present.

Previously, Decree 30/2021/ND-CP also stipulates that citizens who have been granted personal identification numbers and the national database on population, the database on investment registration, and business registration are connected to the national database on investment registration and business registration. Connect and operate then:

To use personal identification number instead of personal documents (copy of ID card, CCCD card, Passport and other personal identification papers) when carrying out procedures related to the home field live and trade in real estate in accordance with the law on housing and the law on real estate business.

According to the Messenger