Land Survey When Transferring Red Book’s Ownership in 2023

Is conducting a land survey a necessary requirement prior to transferring the ownership title? This matter holds significant importance when engaging in land-related legal matters. In order to shed light on this subject, NT International Law Firm cordially invites readers to delve into the forthcoming article, which aims to determine whether the transfer of ownership title necessitates a re-measurement of the land area.

What is a Red Book (Certificate of Land Use Rights)?

The “Red Book,” also known as the Certificate of Land Use Rights, is a commonly used term in Vietnam to refer to a crucial document that confirms an individual’s land use rights and ownership of houses and other assets attached to land. This certificate plays a vital role in protecting the legal rights and interests of landholders.

Why is the Red Book Important?

• Proof of Ownership: The Red Book serves as the official document proving ownership and land use rights. It protects your legal interests and enables you to utilize your land and assets as per the regulations.
• Market Transactions: The Red Book is essential for any transaction involving land, such as buying, selling, transferring, or gifting. Without this document, ownership claims cannot be verified, making transactions difficult and potentially risky.
• Legal Protection: The Red Book provides legal backing for your land ownership and associated rights. It acts as a safeguard against potential disputes or encroachment on your property.

Red Book Transfer:

The Red Book transfer process allows you to transfer your land use rights to another individual, either through a complete transfer of the entire plot’s rights or a partial transfer of a specific area. Regulations govern the re-measurement of land area based on the nature of the transfer.

Protecting Your Rights:

Understanding the Red Book and its importance is crucial for safeguarding your land ownership rights and legal benefits. By ensuring proper documentation and adhering to relevant regulations, you can avoid complications and disputes concerning your land and assets.

Conditions for exercising the rights of land users

Legal Basis:

• Section 5, Article 188 of the 2013 Land Law.
• Decree 01/2017/ND-CP dated March 3, 2017 (specifically Clause 34, Article 2, and Article 49a).

General Conditions:

• Possession of a valid Land Use Rights Certificate: This is mandatory, with exceptions mentioned in specific articles of the Land Law.
• Land not in dispute: The land must be free from any ongoing or unresolved ownership or use disputes.
• Land use rights not distrained: The land use rights cannot be seized or encumbered to enforce a judgment.
• Valid land use term: The land use term must still be in effect.

Additional Conditions for Specific Transactions:

• Conversion: Articles 189 and 190 of the Land Law provide additional conditions for converting land use rights.
• Transfer: Articles 191 and 192 of the Land Law specify further requirements for transferring land use rights.
• Lease, sublease, inheritance, donation: Article 193 of the Land Law outlines additional conditions for these transactions.
• Mortgage: Article 194 of the Land Law details specific requirements for mortgaging land use rights.
• Capital contribution: Article 49a of Decree 01/2017/ND-CP defines specific conditions for contributing land use rights to implement investment projects.

Important Notes:

• All transactions involving land use rights must be registered with the land registration agency to be valid and effective.
• The contribution of land use rights and readjustment of land use rights for investment projects requires specific procedures and approvals.

Conclusion:

Understanding the conditions for exercising land use rights is crucial for landholders to protect their rights and engage in legal transactions involving their land. The stated conditions and associated regulations ensure responsible and lawful land use practices in Vietnam.

Land Survey When Transferring Red Book’s Ownership

Do you need to conduct a land survey when transferring a Red Book’s ownership?

Whether or not a land survey is required when transferring a Red Book (Certificate of Land Use Rights) depends on the type of transfer being made:

Transfer of a Portion of the Land Plot:

• Yes, a land survey is required. This is stipulated in Clause 1, Article 79 of Decree 43/2014/ND-CP.
• The land user must request the Land Registration Office to conduct a separate measurement and separation of the plot before submitting the application for title transfer.
• This is necessary to accurately define the boundaries and area of the transferred portion and update the cadastral map accordingly.

Transfer of the Entire Land Plot:

• No, a land survey is not required. Article 79 of Decree 43/2014/ND-CP does not mandate a land survey in this case.
• However, certain situations may require a survey, such as:
  • Revisions to the cadastral map:
    • This is outlined in point 1.1 and 1.2, Clause 1, Article 17 of Circular 25/2014/TT-BTNMT.
    • It is necessary if the transfer involves changes in land plot boundaries, area, use purpose, or other key information.
  • Discrepancies in existing records:
    • If there are errors or inconsistencies in the existing land records, a survey may be needed to ensure accurate information for the transfer.

Summary:

• A land survey is mandatory when transferring a portion of a land plot.
• It is not required for transferring the entire plot unless specific circumstances necessitate it.
• Consulting with a land management agency or legal professional can help determine if a survey is necessary for your specific case.

NT International Law Firm has addressed the question of whether you will need to do a land survey when transferring Red Book’s ownership. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land