Finnews24.com – Real estate investment has become a guideline of Vietnamese people in recent years. Housing prices go up galloping by 5, 10 times the original value. This has made the housing market bustling despite the prolonged epidemic situation. Not everyone understands the information recorded in the pink book, so some objects have taken advantage of this to play a scam to appropriate the buyer's property. Let 's find out more about the basic information on the pink book with Finnews24 through the following article.
What is a rose book? Basic information on the pink book
What is a red book (pink book)?
Red book is the word that people often use to call the certificate of land use right based on the color of the certificate; The land law has so far not provided for Red Book and Pink Book.
Depending on the stage, in Vietnam there are different types of Certificates such as:
+ Certificate of land use right;
+ Certificate of house ownership and residential land use right;
+ Certificate of house ownership.
From December 10, 2009, the Ministry of Natural Resources and Environment issued a new form of Certificate of general application nationwide with the name "Certificate of land use rights, ownership of houses and other assets attached to land". attached to the land (The certificate has a pink cover).
Currently, the Land Law 2013 and its guiding documents inherit the name of the new Certificate. Clause 16 , Article 3 of the 2013 Land Law states:
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. lawful ownership of land use rights, house ownership and ownership of other land-attached assets.”
In short, a Red Book is a Certificate with a red cover; Pink books include 02 types: Pink books according to the old model (issued before December 10, 2009) and New pink books with lotus color - Currently, people are being granted this type of book.
Red book, Pink book is a common name used by people to refer to the Certificate of land use rights, ownership of houses and other properties attached to the land based on the color of the Certificate.
What is the basic information on the pink book?
1. Area of the land
Clause 4, Article 6 of Circular 23/2014/TT-BTNMT stipulates that the area of the land parcel is recorded in Arabic numerals in square meters (m2) and rounded to one decimal place (eg 60 ,1m2, 100.5m2).
Based on the Certificate, the buyer will know the specific area of the land plot that has been granted the Certificate.
The area of the land plot is very important because it is the basis for calculating the transfer amount ; In many cases, the parties agree on the transfer amount calculated according to the area in the Certificate, so the area determines the amount to be paid.
At the same time, when the buyer knows the area in the Certificate, it will be compared with the actual area.
2. Term of use of the land
The land use term is divided into two categories: land with stable and long-term use and land used for a limited time.
In some cases, the different land use term will lead to different rights and obligations such as having to carry out procedures for extension or having the need to continue using it but not being extended by the State, it will be revoked, etc. at the same time, the land use term also reflects the type of land and the purpose of land use.
Clause 7, Article 6 of Circular 23/2014/TT-BTNMT stipulates the land use term in the Certificate as follows:
If the land user is allocated or leased land by the State, the time limit specified in the land allocation decision or land lease decision shall be inscribed; If the Certificate is issued in the form of recognition of land use rights, the recognized term of use shall be stated in accordance with the land law.
Despite such provisions, the Certificate clearly shows the following land use term information:
– If the land is used for a definite term, write “Land use term until …/…/… (insert date of expiration)”.
– If the land use term is stable and long, write “Long-term”.
Most people, when receiving the transfer, want to receive the land transfer with the term stated in the Certificate of "Long-term" because it is usually residential land.
Note: For a residential land plot with a garden or a pond, where the residential land area is recognized as a part of the land area, the land use term shall be recorded according to each land use purpose: “Residential land: Long-term; Land… (insert the purpose of use according to the current state of agricultural land with the area of gardens and ponds not recognized as residential land): used until …/…/… (insert date of expiry of use date): )".
3. Purpose of land use
Pursuant to Point a, Clause 1, Article 6 of Circular 23/2014/TT-BTNMT, land use purposes are recorded in unison with the cadastral book by specific names for the following types of land:
The agricultural land group includes the following types:
+ "Land for growing wet rice".
+ "Remaining wet rice cultivation land".
+ "Land for upland rice cultivation".
+ "Land for other annual crops".
+ "Land for perennial crops".
+ "Production forest land".
+ "Protection forest land".
+ "Special-use forest land".
+ "Land for aquaculture".
+ "Salt-making land".
+ "Other agricultural land".
- Non-agricultural land group includes the following types:
+ "Residential land in the countryside".
+ "Land in urban areas".
+ "Commercial and service land".
See also: How is the land use purpose recorded in the Red Book?
Note:
- If the land plot has multiple uses, all of those purposes must be inscribed; if there are many purposes in which the main purpose and sub-purpose have been identified, the main purpose must be followed by "(main)".
- In case the residential land parcel has a garden or pond, part of the area is recognized as residential land and the rest is recognized to be used for the purpose of the agricultural land group, write "Residential land" and the designated area respectively. recognized as attached residential land, then write each specific land use purpose in the agricultural land group and the attached area in turn.
4. Use form of the land
The form of land use is very important information when receiving the transfer; Normally, the form of land use for land parcels of households and individuals is private use (separately for that household or individual), but in some cases a part of the area is for common use.
Clause 5, Article 6 of Circular 23/2014/TT-BTNMT stipulates the form of land use as follows:
– The entire land parcel is under the use right of 01 land user (01 individual or 01 household, husband and wife,…), the form of land use is “Separate use”.
- In case the entire land parcel is under the use right of many people, the form of land use shall be recorded as "Common use".
- In case the residential land parcel in which there is a garden or pond, the recognized residential land area is smaller than the area of the whole land parcel and the form of use is general use or separate use for each type of land, in turn write " Private use” and attached purposes and land area for private use; write “Common use” and attached purposes and land area for common use.
For example: “Private use: 120m2 residential land, 300m2 annual crops land; General use: 50m2 residential land, 200m2 perennial crops land.
In addition, when viewing the Certificate, the buyer also knows the location of the land plot, whether it is in the traffic safety corridor or other public works, see the construction setback (if any), ...
