Instructions on procedures for issuing red books for the first time to businesses

Procedures for issuing red books for the first time to businesses is the process of establishing land use rights and ownership of assets attached to land. Understanding the necessary procedures and documents helps businesses save time and costs while ensuring legal rights. This article provides detailed information about documents and procedures for issuing red books for the first time to businesses in Vietnam.

The application for issuing red books for the first time to business

Pursuant to Clause 2, Article 28 of Decree 101/2024/ND-CP, the application for issuing red books for the first time to business includes:

• Application for registration of land and assets attached to land according to Form No. 05/DK issued together with Decree 101/2024/ND-CP.
• One of the types of documents specified in Article 137, Clause 4, Clause 5, Article 148, Clause 4, Clause 5, Article 149 of the Land Law (if any).
• Diagram or extract of cadastral map or excerpt of cadastral map measurement of land plot (if any).
• Report on the results of reviewing the current land use status according to Form No. 05a/DK issued with Decree 101/2024/ND-CP.
• The construction design dossier has been appraised by a specialized construction agency or there has been a written approval of the acceptance results of completed construction items and construction works in the case of certification of ownership of construction works on agricultural land where the owner of the project does not have one of the documents specified in Article 149 of the Land Law or the project is exempt from a construction permit.
• Documents of fulfillment of financial obligations, papers related to the exemption or reduction of financial obligations regarding land and assets attached to land (if any).

Enterprises need to prepare complete documents to ensure that the process of applying for a red book for the first time goes smoothly.

Instructions for declaring the application form to issue red books for the first time to businesses

Declare the application form for the first issuance of red books to businesses according to Form No. 05/DK, issued together with Decree 101/2024/ND-CP, requiring accuracy and compliance with regulations. When filling out information in the form, businesses should note:

1. Enter the name of the organization according to the establishment decision or business registration certificate or investment license.
2. Enter the number, date of signing, and agency signing the document according to the establishment decision or business registration certificate or investment license.
3. Enter the head office address according to the establishment decision or business registration or investment license.
4. Each information needs to be carefully checked to avoid errors, thereby speeding up the processing process.

Procedures for issuing red books for the first time to businesses

The procedure for issuing red books for the first time to business is carried out according to the provisions of Clause 2, Article 36 of Decree 101/2024/ND-CP as follows:

Step 1: Submit application

• Enterprises submit documents at the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office.
• The dossier receiving agency is responsible for issuing a dossier receipt certificate and making an appointment to return the results to the applicant.
• In case the application is valid, the receiving agency transfers the application to the Provincial People’s Committee where the land is located to carry out further work.

Step 2: Check the current land use status

The Provincial People’s Committee directs the provincial-level land management agency to inspect the actual land use and determine the specific boundaries of the land plot.

Step 3: Determine land use form and financial obligations

The agency with the function of land management at the provincial level prepares a report to submit to the Provincial People’s Committee to determine the form of land use by the organization.

In case an enterprise must pay land use fees or land rent, the provincial land management agency shall determine the land price and send an information transfer form to determine financial obligations regarding land to the tax authority.

Step 4: Issue the Land Use Rights Certificate

• After receiving notice of completion of financial obligations, the agency with land management function at the provincial level shall submit to the Provincial People’s Committee to sign the Certificate of land use rights and ownership of assets attached to land.
• The certificate of land use rights and ownership of assets attached to land is transferred to the document receiving agency to be given to the enterprise.

Understanding the order and procedures helps businesses be proactive in the process of applying for a red book for the first time.

>>> See more: Procedures for registering for issuance of State leased land books for businesses.

Consulting services and guidance on procedures for issuing red books for the first time to business

During the process of implementing the procedure for issuing a red book for the first time, businesses may encounter many difficulties due to lack of experience or not understanding the legal regulations. Long Phan Consulting Company provides comprehensive consulting and support services, specifically including:

• Review and complete documents according to regulations.
• Consulting on conditions to be issued a red book
• Detailed instructions on the process and procedures for issuing red books for the first time to businesses.
• Advise and guide customers to prepare complete and accurate documents.
• Submit documents and monitor processing progress at competent state agencies.
• Explain and supplement documents as required by state agencies.
• Representing customers in meetings and working with relevant parties.
• Receive and hand over the Land Use Rights Certificate to customers.
• Consulting on legal issues arising after receiving the Certificate of land use rights.

With a team of experienced experts, Long Phan Consulting Company is committed to supporting businesses in completing procedures for issuing red books for the first time quickly, accurately and in accordance with the law. We always accompany you to help customers save time, minimize risks and ensure the best benefits.

Frequently asked questions

Below are frequently asked questions about the procedure for issuing red books for the first time to businesses that customers can refer to:

What documents do businesses need to prepare to apply for a red book for the first time?

Enterprises need to prepare: Application for registration of land and assets attached to land according to Form No. 05/DK; Documents proving land use rights (if any); Diagram or extract of cadastral map; Report reviewing current land use status; Construction design documents (if any); Documents of fulfillment of financial obligations.

Where to submit the first application for a red book for a business?

Enterprises submit documents at the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office.

Does a business need to pay land use fees when applying for a red book for the first time?

In case an enterprise must pay land use fees or land rent, the provincial land management agency shall determine the land price and send an information transfer form to determine financial obligations regarding land to the tax authority.

How to determine the form of land use of an enterprise?

The agency with the function of land management at the provincial level prepares a report to submit to the Provincial People’s Committee to determine the form of land use by the organization.

Can businesses authorize others to carry out procedures for issuing red books?

Yes, businesses can authorize others to perform this procedure. A valid power of attorney is required.

What to do if documents are missing or incorrect?

The agency receiving the dossier will notify and guide the business to supplement or edit the dossier.

What should businesses pay attention to when filling out the application form for a red book?

Businesses need to fill in accurate and complete information as required by the form, especially information about the business and the land plot.

After being issued a red book, what should businesses do?

After being issued a red book, businesses need to carefully keep and exercise the rights and obligations related to land use according to the provisions of law.

What risks can businesses encounter during the process of applying for a red book?

Risks include incomplete documents, complicated procedures, long waiting times, and disputes related to land use rights.

Why should businesses use red book consulting services?

Using consulting services helps businesses save time, minimize risks and ensure the process goes smoothly.

What to note about documents related to land use rights in the first application for a red book?

These documents must be originals or notarized copies, have legal value and show full information about the enterprise’s land use rights.

Conclude

The procedure for issuing red books for the first time to business requires careful preparation and understanding of the law. Long Phan Consulting Company is ready to accompany businesses, providing professional consulting and support services to ensure the implementation process goes smoothly and effectively. If you need advice or use the service, please contact the hotline: 0906735386 for support.