Household Names on Land Certificates: New 2025 Rules

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New regulations on listing household names on land certificates provide clarity and transparency in establishing the land use rights of household members. Specifying the conditions, principles, and method of recording names helps prevent disputes and protects the rights of each individual with joint land use rights. This is a significant step in administrative reform and more effective land management.

 

New regulations on listing household names on Land Certificates (Red Books) under the new Law
New regulations on listing household names on Land Certificates (Red Books) under the new Law

Issuing Land Certificates (Red Books) for Household Land Acquired Before January 1, 2025

The 2024 Land Law, effective from August 1, 2024, introduces important changes to the issuance of Red Books for households. For land parcels that households have used before the new law’s effective date, the issuance of a Red Book will be conducted as follows:

According to Clause 5, Article 135 of the 2024 Land Law, households using land as defined by law before the effective date will participate in land law relations as a group of individuals with joint land use rights. The Certificate will be issued based on the specific case:

  • If the land parcel belongs to the household, one Certificate of Land Use Rights and Ownership of Assets Attached to Land will be issued. It will list the full names of all members with joint land use rights and be given to their representative.
  • If the members with joint land use rights request it, one Certificate of Land Use Rights and Ownership of Assets Attached to Land can be issued in the name of the household representative and given to that representative.

Furthermore, Article 259 of the 2024 Land Law specifies the handling of land use rights for households that were previously allocated land. Accordingly, households that were allocated land, leased land, or had their land use rights recognized by the State before the 2024 Land Law took effect will have the same rights and obligations as individual land users under the new law.

The new regulations in the 2024 Land Law have clearly changed the issuance of Red Books for household land, aiming to specifically identify members with joint use rights. Households must understand these rules to protect their legal rights and interests when carrying out procedures for Certificate issuance after January 1, 2025.

How Household Names Are Recorded on Red Books from 2025

From 2025, the new Land Law will completely change how household names on land certificates are recorded, promoting transparency and protecting the rights of all members.

Listing the Full Names of All Members with Joint Land Use Rights

A key change in issuing Red Books to households under the new regulations is the requirement to record the full names of all members with joint land use rights.

Clause 6, Article 32 of Circular 10/2024/TT-BTNMT specifies that full member information must be recorded. The household’s Red Book will include “Mr.” or “Ms.”, full name, and personal identification document number for each member.

If there is insufficient space to list all members on the Certificate, the document will list one or more members, followed by the text “and other members with joint land use rights of the household are shown in the QR code.” The QR code on the Certificate will display the complete information of all individuals with joint land use rights.

The 2024 Land Law also provides another option: household members can agree to record only the representative’s name on the Certificate. In this case, the Red Book will show the representative’s information followed by the line “representing the members with joint land use rights of the household.” The QR code will still display the full information of all members with land use rights.

Determining Household Members

Clause 25, Article 3 of the 2024 Land Law defines a household using land as individuals with relationships of marriage, consanguinity, or nurturing as per the law on marriage and family. To be identified as a household member, the following criteria must be met:

  • Have a relationship of marriage (spouses), consanguinity (parents and children, grandparents and grandchildren), or nurturing (adoptive parents and adopted children).
  • Must be living together at the time the land use right was established (i.e., when the Certificate was created) before August 1, 2024.
  • Have joint land use rights through joint contribution, creation, or receiving as a gift or inheritance before August 1, 2024.

Additionally, under Clause 5, Article 135 of the 2024 Land Law, the members themselves must agree upon and be legally responsible for the determination of members to be named on the Red Book.

The Representative Receives and Is Named on the Certificate

Clause 5, Article 135 of the 2024 Land Law stipulates that if a household’s land parcel is requested to be certified, one Red Book will be issued in the name of the household representative and given to them.

The household representative is chosen by the members through an internal agreement. This representative is responsible for managing the Red Book and conducting land-related transactions upon authorization. The selection of a representative must be clearly agreed upon by all members and documented in a notarized or certified power of attorney to prevent disputes.

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These regulations ensure the rights of each individual are protected and minimize potential disputes over joint family assets.
These regulations ensure the rights of each individual are protected and minimize potential disputes over joint family assets.

Latest Procedure for Re-issuing a Red Book

Since Decree 151/2025/NĐ-CP of the Government dated June 12, 2025, came into effect, the procedure for re-issuing a Certificate of Land Use Rights (Red Book) has been standardized. Below is a summary of the required documents and a step-by-step guide.

Required Documents

According to Sub-section VII.2, Section C, Part V, Appendix I of Decree 151/2025/NĐ-CP, the dossier includes:

  • An application for registration of changes in land and attached assets using Form No. 18 issued with Decree 151/2025/NĐ-CP. The application must include information on all household members with joint land use rights.
  • The original issued Certificate.
  • A cadastral map extract if there are changes in the dimensions, area, or parcel number due to cadastral mapping, or if the land user requests a re-measurement to confirm dimensions and area, even without boundary changes.
  • A copy of the marriage certificate or other marital status documents (if required).

Applicants can submit copies and present the originals for verification or submit certified copies.

Procedure

According to Clauses 3 and 4, Sub-section VII, Section C, Part V, Appendix I of Decree 151/2025/NĐ-CP, the re-issuance process is as follows:

Step 1: Submit the dossier at the Public Administration Service Center, the Land Registration Office, or its branch.

Step 2: The receiving authority will:

  • Check the completeness of the dossier and issue a receipt with an appointment for the result. If the dossier is incomplete, it will be returned with a request for supplementation.
  • If received by the One-Stop-Shop Department, the dossier is transferred to the Land Registration Office.

Step 3: The Land Registration Office will verify re-issuance conditions, check the database for data authenticity, conduct a field inspection, and approve the cadastral map extract if re-measurement is needed.

  • For areas without a digital cadastral map, the authority will create a map extract or conduct a measurement.
  • It will send a request to the tax authority to determine and notify of any financial obligations.

Step 4: Return of Results After receiving notification from the tax authority that the land user has fulfilled their financial obligations, the Land Registration Office will:

  • Update the changes in the cadastral records and land database.
  • Issue the new Certificate of Land Use Rights and Ownership of Assets Attached to Land.
  • Hand over the new Certificate to the recipient or send it to the initial receiving authority for handover.

Understanding this clear, multi-step administrative procedure helps citizens be proactive, ensuring their application is processed quickly and they receive the updated certificate promptly.

Procedure for Renewing the Family Land Use Right Certificate
Procedure for Renewing the Family Land Use Right Certificate

Consultation and Authorization Services for Red Book Re-issuance at Long Phan Consulting Company

Long Phan Consulting Company provides expert consultation on the new regulations for listing household names on land certificates from 2025. Our experienced specialists assist you in understanding the rules and procedures. Our services include:

Legal Expertise and Assessment:

  • Advising on the new regulations for household Red Books.
  • Consulting on the rights and obligations of members in joint ownership.
  • Identifying cases that require Red Book re-issuance.

Dossier Preparation and Management:

  • Assisting with the completion of the re-issuance dossier.
  • Drafting applications for registration of changes, supplementary requests, or complaints (if necessary).

Representation and Follow-up:

  • Acting as an authorized representative to submit the dossier, monitor the process, and receive the results on your behalf.
  • Providing legal support to resolve any disputes that may arise.

With the motto “Trust for Solutions,” we prioritize your interests and ensure the highest quality service. For more details, please contact us via the hotline below.

Frequently Asked Questions (FAQ)

To help you better understand the new rules for listing household names on land certificates from 2025, we have compiled some common questions:

Are Red Books issued to households before January 1, 2025, still legally valid?

Yes. Certificates issued to households before the 2024 Land Law takes effect (January 1, 2025) remain legally valid. The State does not require citizens to re-issue them in the new format (Clause 3, Article 256 of the 2024 Land Law).

When is it mandatory to re-issue the Red Book with all members’ names?

The re-issuance procedure is performed when members have a need for it. Specifically, under Clause 3, Article 256 of the 2024 Land Law, when a land user exercises their rights (e.g., transfer, mortgage), the Certificate will be re-issued.

What if members cannot agree on a representative?

If members cannot agree on a representative, the Certificate will be issued to the group of joint land users, listing the full names of all members with joint land use rights (Point a, Clause 5, Article 135 of the 2024 Land Law).

Can the representative unilaterally sell or mortgage the land?

No. The representative cannot unilaterally dispose of the property. According to Article 218 of the 2015 Civil Code on joint ownership, the disposal of joint property (like selling or mortgaging) requires the agreement of all co-owners, unless otherwise agreed.

If a household member is a minor, how are their name and signature handled on agreements?

If a member is a minor, their legal guardian (parent or other person as prescribed by law) will represent them in signing any agreement documents (Article 136 of the 2015 Civil Code on legal representation of individuals).

Conclusion

The new regulations on listing household names on land certificates from 2025 bring significant changes that require careful understanding. For detailed consultation and authorized procedural support, please contact our hotline at 1900 636 389 for expert advice and a specific quote.

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