Procedures for registering assets attached to land that have been issued a Red Book

Procedures for registering assets attached to land that have been issued a Red Book is an important step to establish the legal ownership of individuals and organizations over construction works and houses on land. Full implementation of this procedure not only protects property rights but also creates favorable conditions for transactions, mortgages, transfers, and ensures transparency and consistency in land management according to the law.

Is it mandatory to register assets attached to land?

According to Article 131 Land Law 2024 regulates the principles of registration of land and assets attached to land. Land registration is mandatory for land users and people assigned land for management. However, for assets attached to land that are houses and construction works, they are registered at the request of the owner, so this procedure is not mandatory.

Although not required, registering assets attached to land in the Red Book brings many practical benefits to owners such as:

• Establish legal ownership of property;
• Facilitate transactions related to assets;
• Minimize the risk of disputes over property ownership;
• Create favorable conditions when exercising the rights of property owners.

Registration of land and assets attached to land includes initial registration and change registration, which are carried out in the form of paper registration or electronic registration and have the same legal value.

Land users, owners of assets attached to land, and people assigned land for management have declared and registered in the cadastral records and will be considered for issuance of a Certificate of land use rights and ownership of assets attached to land if they meet the conditions according to the provisions of the Land Law 2024.

Procedures for registering assets attached to land that have been issued a red book

Prepare documents

According to Decision 629/QD-BTNMT, dated April 3, 2025, documents to register assets attached to land that have been issued a Red Book need to be prepared:

1. Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with Decree No. 101/2024/ND-CP dated July 29, 2024.
2. Certificate of land use rights (Red Book) issued.
3. Documents proving property ownership as prescribed in Article 148, Article 149 of the Land Law 2024 (if any). For construction works, it is necessary to submit:

• Diagrams of houses and construction works (except in cases where the documents in Article 148 and Article 149 already have diagrams consistent with the current status).
• Appraised construction design documents or written approval of acceptance results of completed construction works in cases of certification of ownership of works on agricultural land where the owner does not have the documents specified in Article 149 of the Land Law or the work is exempt from construction permits.

4. In case there are documents specified in Point a, Clause 1, Article 148, Point a, Clause 1, Article 149 of the Land Law 2024 but the property’s current status has changed and it is in an area requiring a construction permit, it is necessary to submit an additional confirmation from the district-level construction management agency on the eligibility of the project to exist.
5. Document on representation according to civil law regulations if procedures are carried out through a representative.

Number of documents needed to submit: 01 set.

When submitting documents, the person requesting registration can:

• Submit copies and present originals for checking and comparison;
• Submit the original;
• Submit notarized or authenticated copies;
• In case of submitting documents on the Public Service Portal, the documents must be digitized from the original or notarized copy.

Customers need to pay special attention to fully and accurately preparing each type of document according to regulations so that the process of registering assets attached to land to be granted a Red Book goes smoothly, avoiding the file being returned or prolonging the processing time at the land registration agency.

Implementation process

According to Decision 629/QD-BTNMT dated April 3, 2025, the process of registering assets attached to land that have been issued a Red Book is as follows:

Step 1: Submit application:

The registration requester submits 01 set of documents to the receiving agency with the following methods:

• Submit directly to the application receiving agency;
• Submit via postal service;
• Submitted at the location as agreed between the requester and the Land Registration Office, Land Registration Office Branch;
• Submit on the National Public Service Portal or Provincial Public Service Portal.

Subjects submitting applications at different agencies:

• Individuals, communities, people of Vietnamese origin residing abroad submit applications at the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office or Land Registration Office Branch.
• Domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment, foreign organizations, foreign individuals submit applications at the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office.

Step 2: Check your profile:

The dossier receiving agency is responsible for:

• Check the completeness of the dossier components;
• Check the consistency of information content between documents;
• Check the completeness of the declared content;
• Issue a Certificate of receipt of documents and an appointment to return the results.

If the dossier is not within the receiving authority or is incomplete or does not ensure consistency of content, the receiving agency will not receive and return the dossier.

In case the One-Stop Department receives the dossier, it will transfer the dossier to the Land Registration Office or Land Registration Office Branch.

Step 3: Processing documents:

The Land Registration Office or Land Registration Office Branch carries out:

1. Extract cadastral map or extract cadastral map measurement of land plot if necessary. Specifically:

• When handling land change registration procedures where the land plot has been granted a Certificate according to the cadastral map or an excerpt of the cadastral map of the land plot, the land registration agency is not required to re-measure and determine the area of ​​the land plot, unless the land user or owner of the property attached to the land has a need.
• In case of performing land change registration procedures but the issued Certificate has not used the cadastral map or extracted cadastral map of the land plot, the land user has a need to issue a new Certificate or is in a case where a new Certificate must be issued, the land registration agency shall extract or extract the cadastral map of the land plot for places where there is no cadastral map or there is only a paper cadastral map that is torn, damaged, cannot be restored and cannot be used for digitization.
• Land users are recognized based on the results of the extract or measurement of the cadastral map and must pay the measurement costs according to regulations; in case of re-measurement, the land plot area is larger than the area on the issued Certificate, the land plot boundary does not change compared to the land plot boundary at the time of issuance of the Certificate, the land user must fulfill the financial obligation for land use fees for the additional residential land area outside the residential land limit.

2. Send an information transfer form to determine financial obligations to the tax authority (if financial obligations must be fulfilled).
3. Correct and update changes in cadastral records and land database.
4. Issuing a new Certificate or confirming changes on the issued Certificate.
5. Give the Certificate or send it to the application receiving agency to give it to the grantee.

In cases where financial obligations must be fulfilled, the Land Registration Office or Land Registration Office Branch shall carry out the work after receiving notification from the tax authority on the completion of financial obligations.

Special cases:

If the land user or property owner does not continue to carry out the procedure in the process of resolving the procedure, the person with related rights and obligations according to civil law regulations can submit documents proving to continue carrying out the procedure.

In case the person who continues to carry out the procedure has not been identified or the person who continues to carry out the procedure is not subject to being granted a Certificate of land use rights and ownership of assets attached to land, the Land Registration Office and Land Registration Office Branch are responsible for updating the cadastral book.

Resolution deadline

According to Decision 629/QD-BNNMT dated April 3, 2025, the deadline for resolving procedures for registering assets attached to land that have been issued a Red Book is due to Provincial People’s Committee regulations, specifically:

• No more than 10 working days for registration of property ownership attached to the land plot for which the Certificate has been issued.
• No more than 07 working days in case of registering changes in assets attached to land compared to the registered content.

The processing time is calculated from the date of receipt of the dossier, ensuring the completeness of the dossier components, the consistency of information content between documents, and the completeness of the declaration content, excluding time:

• Competent authority determines financial obligations related to land;
• Time to fulfill financial obligations of land users;
• Time to consider and handle cases of land use that violates the law;
• Time to request appraisal;
• Time for public listing and posting on mass media;
• Time to carry out procedures for inheritance of land use rights and assets attached to land.

For mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions, the implementation time is increased by 10 working days.

For localities where the Provincial People’s Committee has issued regulations on receiving and circulating documents according to time needs, the time for resolving procedures is carried out according to the agreement between the person in need and the Land Registration Office.

Cases where Certificates of land use rights and ownership of assets attached to land are not granted

According to Clause 2, Article 151 of the Land Law 2024, cases that are not granted a Certificate of ownership of assets attached to land include:

1. Assets attached to land and the land plot containing those assets are in cases where a Certificate of land use rights, ownership of assets attached to land is not issued or is not eligible for issuance of a Certificate.
2. Houses or construction works are built temporarily during the construction of the main project or temporarily built with materials such as thatch, bamboo, leaves, and soil; Auxiliary works are outside the scope of the main works and serve the management, use and operation of the main works.
3. Assets attached to land that have had a notice or decision on clearance or a decision on land recovery from a competent state agency have been issued, except in cases where it has been more than 3 years since these notices or decisions were issued but no action has been taken.
4. Houses and works built after the announcement of the construction ban; Construction encroaches on or occupies protective boundary markers of technical infrastructure works and ranked historical and cultural relics; Assets attached to land created after the planning is approved by a competent authority but the assets created are not in accordance with the approved planning at the time of issuance of the Certificate, except in cases where the owner of a house or construction work other than a house has a construction permit with a term.
5. Assets are owned by the State, except in cases where the assets have been determined to be the State’s capital contribution to the enterprise according to the guidance of the Ministry of Finance.
6. Assets attached to land do not fall into the cases specified in Articles 148 and 149 of the Land Law 2024.

Pursuant to Article 151 of the Land Law 2024, correctly identifying cases that are not eligible for a Certificate of ownership of assets attached to land is an important factor for customers to proactively review records, avoiding disputes or legal risks during the process of registering ownership of assets on land.

Consulting services on procedures for registering assets attached to land that have been issued a red book at Long Phan Consulting Company

Although the procedure for registering assets attached to land is not complicated, it requires understanding of land law and experience in preparing documents. To ensure the registration process goes smoothly and effectively, customers can use professional consulting services from Long Phan Consulting Company.

With a team of experienced experts, Long Phan Consulting Company provides the following services:

• In-depth consulting on procedures for registering assets attached to land;
• Support in drafting and preparing complete documents according to legal regulations;
• Authorized representative to carry out procedures with state agencies;
• Monitor application status and resolve arising problems;
• Consulting on financial obligations related to the registration of assets attached to land.

Long Phan Consulting Company is committed to providing customers with high quality, professional, legal and time-saving services. With practical experience and deep understanding of land law, Long Phan Consulting Company will help customers complete procedures for registering assets attached to land quickly and effectively.

>>> Reference: Consulting services on land change registration procedures in Long Phan.

Frequently asked questions about registering assets attached to land that have been issued a Red Book

Below are some questions we often receive, please refer to:

How much does it cost to register assets attached to land?

Costs for registering assets attached to land include registration fees, fees for extracting or measuring cadastral maps (if necessary), and financial obligations (land use fees for the increased area, if any). The specific fee is regulated by the Provincial People’s Committee and may vary by locality.

What if the registration application is rejected?

When the application is rejected, the receiving agency will notify the reason and provide additional and complete instructions. The submitter has the right to supplement and complete the dossier or appeal the refusal decision according to the provisions of the Law on Complaints. If necessary, you can consult a legal expert for assistance in resolving problems.

How does the online registration process work?

Online registration is done through the National Public Service Portal or Provincial Public Service Portal. Users need to create an account, log in, select a land change registration service, fill out information in an online form, upload documents that have been digitized from the original or notarized copy, pay the fee (if any) and track the status of the application. Results can be received in person or via postal service.

Can someone else be authorized to carry out the registration procedure?

Can authorize others to carry out procedures for registering assets attached to land. In this case, it is necessary to supplement a notarized or authenticated power of attorney according to the provisions of law. The authorization document must clearly state the scope of work authorized and the authorization term.

How to accurately determine the value of assets attached to land?

The value of assets attached to land is determined based on the cost method, income method or market comparison method according to the provisions of law on asset valuation. Depending on each purpose, valuation can be performed by tax authorities or through a licensed independent price appraisal unit. Valuation results are the basis for determining financial obligations.

Are there any legal consequences for not registering assets attached to land?

Although registration of assets attached to land is not required, without registration, owners will have difficulty performing transactions related to assets such as transfer, mortgage, and lease. Unregistered assets may also be at risk of ownership disputes and may not be fully protected by law.

For foreign organizations owning assets in Vietnam, what is the difference in registration procedures?

Foreign organizations with diplomatic functions, economic organizations with foreign investment capital, and foreign individuals must submit documents at the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office. In addition to normal documents, it is necessary to supplement documents proving legal status according to the provisions of investment law and international treaties to which Vietnam is a member.

Conclude

To ensure legal rights for your property, please contact Long Phan Consulting Company via the hotline 0906735386 for detailed advice on procedures for registering assets attached to land that have been issued a Red Book. We are ready to support customers throughout the entire process of implementing this procedure.