Table of Contents
How many people can be named in the Red Book? How are they recorded? This valuable information is not widely known, but by reading the article provided by NT International Law Firm, you can gain a significant advantage, as knowledge is a powerful tool.
How many people can be named in the Red Book?
Legal Basis:
- Land Law 2013, Clause 2, Article 93
- Law on Marriage and Family 2014, Clause 1, Article 34
- Circular 23/2014/TT-BTNMT, Clause 3, Article 5
Answer:
The number of people named in the Red Book (Certificate of Land Use Rights and Ownership of Houses and Other Assets Attached to Land) is unlimited if they share the same rights.
Cases that many people are named in the Red Book
1. Shared Ownership or Gift:
If multiple individuals share ownership of land or assets through purchase, gift, or transfer, they can be named jointly on the Red Book. The powers and rights of joint owners are equal, and decisions regarding the land and assets require unanimous agreement. Separate Red Books can be issued upon request, or a single Red Book can be issued with a designated representative.
2. Joint Ownership by Husband and Wife:
In marriages where property is jointly owned, both husband and wife must be named on the Red Book, unless an alternate agreement exists. This adheres to the provisions of the Law on Marriage and Family.
How many people are named in the Red Book
As per Circular 23/2014/TT-BTNMT, the Red Book may contain the names of multiple individuals or organizations in the following ways:
- Separate Red Books: Issued to each individual or organization, outlining their specific land use rights and ownership of attached assets.
- Joint Red Book with Shared Ownership: Issued to all joint owners, with each individual’s name followed by the phrase “Shared use of land, shared ownership of assets attached to land.”
- Joint Red Book with Representative: Issued to a designated representative upon written agreement, with the representative’s information and a list of other joint owners.
- Partial List with Additional Names in Notes: If the list exceeds the available space on page 1, a note indicates “and other people named in the Notes section of this Certificate.” The notes section then lists the remaining individuals.
Conclusion:
The Land Law allows unlimited names on the Red Book for individuals or organizations sharing land use rights and ownership. The specific arrangement depends on the ownership structure and individual preferences.
How many Red Books can one person be named in?
Legal Basis:
- Circular 23/2014/TT-BTNMT, Clause 3, Article 5
- Land Law 2013
- Housing Law 2014
Multiple Red Books for One Person:
- The 2013 Land Law does not prohibit one person from being named on two or more Red Books.
- This applies to Vietnamese citizens and Vietnamese people residing abroad who fulfill the above criteria.
Red Book Ownership for Foreigners:
- Foreigners can only own one apartment in a commercial housing development project.
- If they inherit or receive other housing, they must choose between the apartment and the other property.
- Foreigners can only enjoy the value of other types of housing, not owning them directly.
Red Book Ownership for Vietnamese People Residing Abroad:
- The right to own housing in Vietnam applies to Vietnamese people residing abroad who:
- Hold Vietnamese nationality or Vietnamese origin.
- Are authorized to reside in Vietnam for 3 months or more by Vietnamese agencies.
- Belong to specific categories, such as scientists, cultural experts, or those with skills needed by Vietnamese organizations.
- Alternatively, Vietnamese people residing abroad who:
- Do not belong to the above categories.
- Have a Visa Exemption Certificate valid for 3 months or more.
- Can own one private house or apartment for themselves and family members living in Vietnam.
NT International Law Firm has addressed the question of how many people can be recorded in the Red Book. 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
“The article’s content refers to the regulations that were applicable at the time of its creation and is intended solely for reference purposes. To obtain accurate information, it is advisable to seek the guidance of a consulting lawyer.”
LEGAL CONSULTING SERVICES
090.252.4567NT INTERNATIONAL LAW FIRM
- Email: info@ntpartnerlawfirm.com – luatsu.toannguyen@gmail.com
- Phone: 090 252 4567
- Address: B23 Nam Long Residential Area, Phu Thuan Ward, District 7, Ho Chi Minh City, Vietnam