What is Red Book and Pink Book? Things to know about Red Book, Pink Book

Although it sounds familiar, the concept as well as the legal properties and characteristics of the Red Book and Red Book are still not well understood by many people. Understanding that obstacle, today Tnhelearning.edu.vn would like to provide detailed information about what is a pink book, what is a red book!

What is Red Book and Pink Book?

First, it is necessary to understand that “Red Book” is the name commonly used to call “Certificate of land use right”.

Meanwhile, the Pink Book is the official name of “Certificate of ownership of houses and residential land use rights” in urban areas (inner cities, inner towns, townships) provided to owners according to regulations. Decree ( Decree No. 60-CP dated July 5, 1994 ) of the Government on the right to use housing and the right to use residential land in urban areas.

Due to the convenience of naming in life, people have relied on the color of the certificate (red and pink) to name the name, but the law on land has never had the concept of “Book of the future”. pink, Red book”.

“Pink book, Red book” has a common name as “Certificate of land use rights, ownership of houses and other assets attached to land”.

In fact, since December 10, 2009 , “Pink and Red Book” has been applied by the Ministry of Natural Resources and Environment on a national scale with the full name “Certificate of land use rights and ownership rights”. own houses and other assets attached to land”.

Red Book or Pink Book is more valuable?

Currently, both the Red Book and the Red Book have legal value , and that value is reflected in the property to which the rights are recognized . In other words, the value of each type of book lies in each piece of land, house, and other assets attached to the land, but the nature of the book is just a paper to record the rights, so the book has no value.

Can’t say for sure whether the Pink Book or the Red Book is more valuable

Does the Red Book need to be changed to the Pink Book?

As mentioned above, Red Book or Pink Book are both a type of Land Use Right Certificate, both recognized by law and equally valid. So you do not need to change from Red Book to Pink Book unless you have a need.

The cases in which the red book can be changed to pink are specified in Clause 1, Article 76 of Decree 43/2014/ND-CP. Details of the implementation of a number of articles of the Land Law are as follows:

• The land user needs to change the certificate of house ownership. Certificate of ownership of construction works or other certificates issued before December 10, 2009.
• Certificate, certificate of house ownership. The issued certificate of ownership of construction works is stained, smudged, torn or damaged.
• In case of carrying out the procedures for accumulating land, changing plots, measuring and redefining the area. Or land size.
• In the case of land use rights, property ownership is attached to the common property of husband and wife. The issued certificate only shows the first and last name of the wife or husband. Now there is a request to issue and change the Certificate to include the full name of the wife and the name of the husband.

Conditions to be issued a Red Book

Conditions for issuance of Certificates between land plots may not be the same because each land plot has different origins and land use status.

Pursuant to Articles 100 and 101 of the 2013 Land Law and Articles 20, 21, 22, 23 of Decree 43/2014/ND-CP , the conditions for the grant of a Certificate are divided into two main cases:

• Case 1: Having documents on land use rights as prescribed in Article 100 of the Land Law 2013 and Article 18 of Decree 43/2014/ND-CP.

• Case 2: No land use right documents (most of the land parcels currently being used by households and individuals that have not yet been granted a first-time Certificate are in the case of no land use right documents. ).

People go to do procedures to apply for a red book

Dossiers and procedures for first-time issuance of Red Book

Dossier to apply for a Certificate for the first time

Pursuant to Clause 1, Article 8 of Circular 24/2014/TT-BTNMT , households and individuals must prepare 01 set of documents with the following documents:

• Application for registration and issuance of Certificate according to Form No. 04a/DK.

• Proof of fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land and land-attached assets (if any).

In addition to the above two types of papers, depending on the need to register land use rights or ownership of land-attached assets, or both land use rights and ownership of land-attached assets, it is necessary to prepare documents. prove on a case-by-case basis, specifically:

• In case of registration of land use rights, one of the papers specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP must be submitted.

• In case of registration of ownership of land-attached assets, there must be papers proving the ownership of such property (usually the property to be registered is a house).

Currently, there are also many services to apply for a red book

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). in accordance with the current status of houses and constructions).

Note : According to Clause 9, Article 7 of Circular 33/2017/TT-BTNMT , the applicant for the Certificate may choose to submit copies or originals of documents, specifically:

• Submit copies of papers already notarized or authenticated in accordance with the law on notarization and authentication.

• Submit a copy of the document and present the original for the recipient to check and verify the copy.

• Submit original documents.

Procedures for issuance of the Certificate for the first time

Step 1. Submit application

Option 1: Households and individuals submit documents to the People’s Committee of the commune, ward or township where the land is located if needed

Method 2: Do not submit at the People’s Committee of communes, wards and townships

• If the locality has not yet established a one-stop shop, the household or individual shall submit the application at the district-level land registration office branch or at the district-level land use right registration office, for the place not yet established. Branch Office of Land Registration.

• For localities that have organized a one-stop-shop to receive and return administrative procedure results, they shall submit them to the district-level one-stop-shop.

Step 2: The Division of Natural Resources and Environment of the District People’s Committee receives the application.

Step 3: Resolve the request.

In this step, people just need to pay attention to the following issues:

• Upon receiving the notice from the tax department, the household or individual is obliged to pay the amounts according to the notice, such as: Certificate issuance fee, land use fee (if any), registration fee, fee examination of dossiers (if any).

• When the money is paid, keep invoices and documents to confirm the fulfillment of financial obligations and present them when receiving the Certificate.

Note : The Certificate can only be received when the money has been paid, except for the case of debiting the land use levy.

Issuing a Certificate for the first time

Step 4. At the appointed time, citizens bring the appointment slip to the District Land Use Right Registration Office to receive the results.

According to Article 4 of Decree 45/2014/ND-CP and Decree 43/2014/ND-CP detailing a number of land laws, then:

Land use levy payable = Land price for calculation of land use levy for the purpose of land use x Land area for which land use levy is payable – Land use levy is reduced as prescribed in Article 12 of this Decree (if any) ) – Compensation and ground clearance shall be deducted from land use levy (if any)

Some questions about pink book, red book

How long does it take to issue a Red Book?

Clause 40, Article 2 of Decree 01/2017/ND-CP , the time for settlement is prescribed as follows:

No more than 30 days from the date of receipt of valid dossiers; no more than 40 days for communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions.

The above time does not include the period of holidays and holidays as prescribed by law; time of receiving dossiers at commune; time to fulfill financial obligations of land users; time to consider and handle the case of land use in violation of the law; inspection solicitation time.

The cost of making a Red Book is different between land plots

Depending on whether the land parcel has papers or no papers on land use rights, area, origin, type of land, etc., the amount to be paid when being granted the first Certificate is different between land parcels.

Case 1: Having one of the papers on land use rights according to Clause 1, Article 100 of the Land Law 2013

If households or individuals have papers on land use rights as prescribed in Clause 1, Article 100 of the Land Law 2013 and Article 18 of Decree 43/2014/ND-CP and use them stably, they are not required to pay a history of land use rights. land use. At that time, people only have to pay registration fee, certificate issuance fee, application assessment fee (only a few provinces collect).

Case 2: No papers on land use rights

In this case, you may have to pay the following 4 fees :

• Land use fees.

• Registration fee when issuing the Certificate.

• Fees for assessment of the application for the Certificate.

• Certificate issuance fee.

House ownership certificate

Can a red book in one person’s name still be a common property?

According to Clause 4, Article 98 of the Land Law 2013 :

In case the land use right or land use right, ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are common property of husband and wife, write both the wife’s full name and the husband’s full name in the certificate of land use rights and ownership of houses and other land-attached assets, unless the husband and wife have agreed to write one person’s name .

A certificate in one person’s name can still be joint property.

Are Red Book and Pink Book an asset?

Red books and pink books are not assets because when they do not exist (burned, destroyed, etc.), the land user’s right to use is not terminated. However, in fact, they are legal deed for the State to determine land use rights, ownership of houses and other assets attached to land legally.

Distinguish pink book and red book

Meaning

• Red book: Red book is the name of the certificate of land use rights , issued to land users to protect the legitimate rights and interests of land users (according to Clause 20, Article 4 of the 2003 Land Law).
• Pink book: Pink book is the name of the certificate of house ownership and residential land use rights granted to the owner according to the following regulations: In case the house owner is also a residential land user, the owner If you own an apartment in an apartment building, you will be issued with a certificate which is a certificate of house ownership and residential land use right; In case the house owner is not concurrently the residential land user, a certificate of house ownership shall be issued (According to Article 11 of the Law on Housing 2005).

Issuing agency (before December 10, 2009)

• Red Book: Issued by the Ministry of Natural Resources and Environment
• Pink book: Issued by the Ministry of Construction

Distinguish pink book and red book

Promulgating agency (from December 10, 2009)

Decree 88/2009/ND-CP of the Government came into effect, stipulating that the two above-mentioned papers unify into a common type of paper named: Certificate of land use rights, ownership of houses and properties other land-attached documents, issued by the Ministry of Natural Resources and Environment.

Color

• Red book: Red
• Side window: light pink

Validity

Both have legal validity.

Hopefully with the above article, you have equipped yourself with the necessary information and knowledge about pink and red books. Understanding these types of documents properly and clearly will help you a lot in the future. Wish you are happy.

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