Instruction the way to add the name of the spouse to the red book

Three years ago, Mr. Binh bought a house in District 2, but the red book (certificate of land use right) was only Binh’s name. Now that Binh needs to add his wife’s name in the red book, how is the procedure done?

The procedures for adding names to the red book shall be as follows:

Under the provisions of Paragraph 4 of Article 98 of the Land Law 2013, in cases where the land use right or land use right, ownership of houses and other assets attached to land or ownership of houses and other property If the wife and husband have an agreement on the name of a person, the name of the husband and wife must be included in the red book.

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In cases where such property is the common property of the wife and husband, the red books already granted only the full name of the person (spouse) shall be granted the new name in order to write the full name of the wife and the full name of the husband. if required.

According to Article 76, Decree No. 43/2014 / ND-CP stipulates procedures for changing the red book, the land user submits one set of application file for red book change, including the application for change of the red book according to Form 10 / And the original red book (according to Article 10 of Circular 24/2014 / TT-BTNMT).

The dossiers shall be submitted to the Natural Resources and Environment Sections or the land use right registration offices. The land registration office shall have to examine the dossier and certify in the application the reason for change of the red book; Compile dossiers and submit them to competent agencies for red book granting; to update and revise cadastral files and land databases; Give red books to the grantees or send them to the commune-level People’s Committees for handover of dossiers at the commune level.

Dossiers for addition of names to the Red Book shall be submitted to the Division of Natural Resources and Environment or to the office of registration of land use rights.

The financial obligations must be fulfilled when carrying out procedures for adding names to the red books

Fees for granting land use right certificates and other assets attached to land as stipulated at b3, b, 2, Article 3, Circular 02/2014 / TT-BTC. Specific conditions of each locality and the socio-economic development policy of the locality, which stipulate the appropriate fee levels, ensuring the principle of maximum rates applicable to Circular No. 02/2014 / TT-BTC. Not exceeding VND 100,000 / certificate for new issuance; VND 50,000 / certificate for re-issuance, change, certification of additional certificates. In cases where the certificate is issued to a family household or individual only having land use rights (without houses and other assets attached to land), the maximum fee level shall not exceed VND 25,000 / certificate for new issuance. The 20,000 VND / paper for re-issue, change, supplementary certification.

Measurement, cadastral mapping and land use right valuation fees as regulated at a6, a7, point a, clause 2, Article 3, Circular 02/2014 / TT-BTC …

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The difference between a red book issued to a ‘household’ and a personal name book

Real estate certificates include different names such as: land use right certificate; Certificate of ownership of residential houses and land use rights; Certificates of land use rights, ownership of houses and other assets attached to land … are issued through different periods (often called red book, pink book). ownership.

For the certificate of personal name (registered name of one or many persons), only the person (s) named on the certificate shall be the owner or owner of the certified property, except for the school. Assets defined as common property of husband and wife under the Marriage and Family Law. Individual names are usually issued in urban areas.

For household certificate, the person on the paper is the representative of the household (usually the household head). Ownership and use rights to the property stated on the certificate belong to all persons named in the household registration book, regardless of whether they are minor or minor. However, there are only one household who still receives a certificate of land use right in the form of a household. Certificates issued to households are usually issued in rural areas.

The 1993, 2003 and 2013 Land Laws and its guiding documents provide for the two types of certificates.

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