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Cấp sổ đỏ khi không có giấy tờ về đất đai

How to issue a red book without papers? Conditions for issuing a red book when buying a house without papers

If a person is using the land but has no land document, can a red book be issued? What is the procedure for issuing a dump book in this case? Article 101 of the 2013 Land Law stipulates the issue of red book issuance when there is no land document as follows:

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Article 101. Issuance of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals currently using land without land use right documents
1. Households and individuals that are using land before the effective date of this Law without the papers specified in Article 100 of this Law, have permanent residence in the locality and directly engage in agricultural production. Agriculture, forestry, aquaculture, salt making in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, are now approved by the People’s Committees of communes where the land is located. If the person who has confirmed that he/she has used land stably and without dispute, he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and shall not be required to pay land use levy.
2. Households and individuals currently using land do not have the papers specified in Article 100 of this Law but the land has been used stably before July 1, 2004 and has not violated the land law. , is now certified by the commune-level People’s Committees as undisputed land, in accordance with the land use planning, urban construction detailed planning, rural residential area construction planning approved by the state housing authority. If the country has the authority to approve the planning, the certificate of land use rights and ownership of houses and other land-attached assets will be granted.
3. The Government shall detail this Article.

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Thus, according to this regulation, cases where red books are issued without papers include:
Case 1
– Use the land before July 1, 2014;
– Have a permanent residence in the locality
Directly producing agriculture, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions
– Confirmed by the Commune People’s Committee to use land stably and without dispute
Case 2:
– Land has been used stably since before July 1, 2004
– Do not violate the law on land management
– Confirmed by the Commune People’s Committee that the land is undisputed and in accordance with the planning

Procedures for issuing a red book when there is no land document

Procedures to comply with Article 8 of Circular 24/2014/TT-BTNMT and Article 70 of Decree 43/2014/ND-CP are as follows:
Step 1: Prepare documents to be submitted at the Commune People’s Committee or land registration office, including:
– Application form (according to the form)
– Papers proving stable use of the land
– Diagram of houses and constructions (except for the case in which the documents on ownership of houses and construction works already have a diagram suitable to the current state of the house or construction) (if any)
– Copy of ID card, household registration book
– Proof of fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);
Step 2: The Commune People’s Committee performs the following tasks
– Extract the cadastral map or cadastral measurement of a land plot where there is no cadastral map or there is a cadastral map but the current status of the land use boundary has changed or check the extract of the cadastral measurement of the land plot paid by the land user (if any);
Check and certify the diagram of assets attached to land for domestic organizations, religious establishments, foreign organizations, foreign individuals, overseas Vietnamese implementing investment projects. the map has not yet been certified by an organization with legal status regarding construction or cartographic activities;
– Check registration documents; field verification in case of necessity; confirm eligibility or ineligibility to be granted a Certificate of land use rights and ownership of houses and other land-attached assets in the registration application;
– In case the owner of property on land has no papers or the current state of the property has changed compared to the papers specified in Articles 31, 32, 33 and 34 of this Decree, send a written opinion form. state management agency for that type of property. Within 5 working days, the state management agency for land-attached assets shall reply in writing to the land registration office;
– Update information on land parcels and land-attached assets, register in cadastral records, land database (if any);
– In case the land user applies for a certificate of land use rights and ownership of houses and other land-attached assets, he/she shall send cadastral data to the tax office for determination and notification of collection of obligations. finance, except for cases where they are not subject to financial obligations or are debited as prescribed by law; prepare documents for the natural resources and environment agency to submit and sign the certificate of land use rights and ownership of houses and other land-attached assets; update and supplement the issuance of certificates of land use rights and ownership of houses and other land-attached assets in the cadastral dossiers and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees. In case households and individuals submit dossiers at the commune level, the land use right certificates shall be sent to the grantees. , ownership of houses and other land-attached assets to the commune-level People’s Committees for granting to grantees.
Step 3: The agency for natural resources and environment performs the following tasks:
– Check the application file and submit it to the competent authority to issue the Certificate of land use rights and ownership of houses and other land-attached assets;
– In case of land lease, it shall be submitted to the People’s Committee of the competent level to sign the decision on land lease; sign a land lease contract and submit it to a competent authority for a certificate of land use rights and ownership of houses and other land-attached assets after the land user has fulfilled his/her financial obligations as prescribed. under the law.
– Transfer the settled file to the Land Registration Office.
Step 4: The People’s Committee of the district shall perform the following tasks:
Within (03) working days from the date of receipt of the dossier, the report of the Division of Natural Resources and Environment, the People’s Committee of the district is responsible for reviewing and signing the Decision on recognition of the land use right and the Certificate of Land use right.
Step 5: After the District People’s Committee signs the Decision on recognition of the land use rights and the Certificate, within no more than (02) working days The branch of the Land Registration Office shall have to: Send cadastral data and assets attached to the land, the content of the request for debiting the financial obligation, to the Sub-department of Taxation to determine the financial obligation and make a record to monitor the debt of the financial obligation (if any) in case the obligation must be fulfilled. Financial services according to regulations
Step 6: Within no more than (03) working days from the date of receipt of the form sending cadastral data and land-attached assets, the Sub-department of Taxation is responsible for determining the financial obligation and sending it back to the branch of the Registrar’s Office. land to notify the applicant for the Certificate of financial performance
Step 7: After the Sub-department of Taxation has notified the determination of financial obligations, within no more than (02) working days, the branch of the land registration office shall have to: enter the certificate of issuance of the certificate and certify the addition of contents. include financial obligations in the Certificate (for the case where financial obligations are debited), copy the Certificate to save and send to the State management agencies for properties attached to the land; and at the same time send the notice of determination of financial obligations of the Sub-department of Taxation to the applicant for the Certificate to know and fulfill the financial obligations.
Step 8: Within no more than (01) working days after the Certificate holder submits sufficient documents to fulfill financial obligations or is debited with financial obligations, the branch of the Land Registration Office shall be responsible for the following: is responsible for collecting the fee for the issuance of the Certificate, collecting the original papers on the land and assets attached to the land and handing the decision on recognition of the land use right and the certificate to the grantee.

What is the proof of stable use of the land?

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In case, when applying for a red book with undocumented land as prescribed in article 101 of the 2013 Land Law, there is a requirement for documents proving stable use of the land, so what is this document? According to the provisions of Article 21 of Decree 43/2014/ND-CP, these documents include:

Article 21. Grounds for determination of stable land use
1. Stable land use means the continuous use of land for a certain main purpose from the time of commencement of land use for that purpose to the time of issuance of the Certificate of land use right or house ownership. residence and other properties attached to the land or at the time of the decision on land recovery of a competent state agency, for cases where the Certificate of land use right, certificate of house ownership and house ownership rights has not yet been issued. residential land use rights, certificates of land use rights, ownership of houses and other land-attached assets (hereinafter collectively referred to as Certificates).
2. The starting time of stable land use is determined based on the time and contents related to the land use purpose recorded on one of the following papers:
a) Receipt of payment of agricultural land use tax, house and land tax;
b) Minutes or decision on sanctioning administrative violations in land use, minutes or decision on sanctioning administrative violations in the construction of works attached to land;
c) Decisions or judgments of the People’s Courts that have taken effect; decisions on enforcement of judgments of judgment enforcement agencies have been executed on properties attached to land;
d) The decision on settlement of a land dispute issued by a competent state agency has taken effect; minutes of land dispute mediation signed by the parties and certified by the representative of the commune-level People’s Committee where the land is located;
dd) Decision on settlement of complaints and denunciations of competent state agencies related to land use;
e) Papers on registration of permanent residence, long-term temporary residence in houses attached to residential land; Identity card or birth certificate, paper of payment of electricity, water and other payments with the address of the house in the registered land plot;
g) Papers on the allocation, allocation, allocation of houses or land by agencies or organizations assigned by the State to manage and use land;
h) Papers on purchase and sale of houses and other land-attached assets or papers on land purchase and sale or transfer of land use rights with signatures of related parties;
i) Maps, inventory books, survey and measurement documents on land over time;
k) A declaration of house and land registration certified by the People’s Committee of the commune at the time of declaration and registration.
3. In case the time of land use shown on the papers specified in Clause 2 of this Article is inconsistent, the time of starting stable land use shall be determined according to the papers showing the date of use. earliest land use.
4. In case one of the papers specified in Clause 2 of this Article is not available or the time of establishment of the papers and land use purposes is not clearly stated on such paper, a certification from the People’s Committee of the province is required. commune on the time to start using the land and the purpose of land use on the basis of collecting opinions of people who have lived at the same time as the person who has requested for certification in a residential area (village). , village, hamlet, hamlet, hamlet, phum, squirrel, residential group) where the land is located.

General summary usually includes the following types of documents:
– Receipt for paying real estate tax when using
– Permanent residence registration, birth registration recording the address of the land in use
– Property sale and purchase documents signed by both parties
– Maps and documents of land survey through the periods
– Land registration declaration form certified by the Commune People’s Committee

In some special cases, if the above documents are not available, it can be confirmed by the Commune People’s Committee on the basis of collecting people’s opinions. Therefore, if you need specific instructions, please contact the online hotline for support

Nguồn: https://chungcumoi.net
Danh mục: LUẬT ĐẤT ĐAI

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