Whether or not it is mandatory to change the old red book/pink book (according to the 2013 Land Law) to a new book (according to the 2024 Land Law) is of interest to people when the new Law takes effect.
Is it mandatory to change the old red book/pink book to a new one according to the 2024 Land Law from August 1? |
The Law amending the Land Law, Housing Law, Real Estate Business Law and Credit Institutions Law 2024 has allowed the Land Law 2024 to take effect from August 1, 2024 instead of January 1, 2025.
Because of this, new regulations in the 2024 Land Law will be applied immediately in August 2024. Notably, the regulations related to the issuance of new red books/pink books under the 2024 Land Law.
New name of red book/pink book from August 1, 2024
Red book, pink book are common names for land use right certificates. However, in each period, there will be correct names for red book, pink book.
According to the 2024 Land Law, the red book and pink book have the correct name of Certificate of land use rights and ownership of assets attached to land.
Certificate of land use rights and ownership of assets attached to land is a legal document for the State to confirm the legal land use rights and ownership of assets attached to land of the person with land use rights and ownership of assets attached to land.
Property attached to land is granted a Certificate of land use rights and ownership of property attached to land, including houses and construction works attached to land according to the provisions of law.
Certificates of land use rights, certificates of land use rights, house ownership rights and other assets attached to land in accordance with the provisions of relevant laws implemented in accordance with the provisions of the 2024 Land Law have the same legal value as Certificates of land use rights and ownership rights of assets attached to land in the 2024 Land Law.
(Clause 21, Article 3, Land Law 2024)
Is it mandatory to change the old red book/pink book to a new one from August 1, 2024?
Regarding the settlement of granting land use right certificates when the 2024 Land Law comes into effect, Clauses 3 and 4, Article 256 of this Law have the following guidance:
- Certificates of land use rights (commonly known as red books), Certificates of house ownership and land use rights, Certificates of house ownership, Certificates of construction work ownership, Certificates of land use rights, house ownership and other assets attached to land (commonly known as pink books) that have been issued in accordance with the provisions of the law on land, the law on housing, the law on construction before the effective date of the Land Law 2024 are still legally valid and do not need to be changed to Certificates of land use rights and ownership of assets attached to land; in case of need, they can be changed to Certificates of land use rights and ownership of assets attached to land in accordance with the provisions of the Land Law 2024.
- In case the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land were issued to the household representative before the effective date of the 2024 Land Law, if the members sharing the land use rights of the household have a need, they will be issued a replacement Certificate of land use rights, ownership rights of assets attached to land and the full names of the members sharing the land use rights will be recorded.
The determination of members sharing the right to use land of a household to register their names on the Certificate of land use rights and ownership of assets attached to the land is agreed upon by these members and they are responsible before the law.
Based on the above provisions , red books/pink books issued under the 2013 Land Law (ie before August 1, 2024) can continue to be used, and it is not required to exchange for new red books/pink books according to the form of the 2024 Land Law.
Source: https://baoquocte.vn/from-ngay-18-co-bat-buoc-doi-so-doso-hong-cu-sang-so-moi-theo-luat-dat-dai-2024-khong-279221.html
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