Is it possible to issue a land use right certificate for each member of the group of land users sharing land use rights in Vietnam?
Is it possible to issue a land use right certificate for each member of the group of land users sharing land use rights in Vietnam?
Pursuant to Clause 2, Article 167 of the 2013 Land Law in Vietnam stipulating as follows:
The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
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2. A group of land users sharing land use rights have the following rights and obligations:
a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.
In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.
Thus, in case a land parcel has many people sharing the land use rights and the land users want to divide the common land parcel so that each person has his/her own land plot and a certificate in his/her name, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights
Note: In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.
Is it possible to issue a land use right certificate for each member of the group of land users sharing land use rights in Vietnam? (Image from the Internet)
What are the conditions for separation of land parcels?
Pursuant to Article 29 of Decree 43/2014/ND-CP stipulating as follows:
Grant of certificates of land use rights and ownership of houses and other land-attached assets for land parcels smaller than the prescribed minimum area
1. For a currently used land parcel which was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People’s Committee but fully satisfies the conditions for grant of a certificate of land use rights and ownership of houses and other land-attached assets, the current user shall be granted such certificate.
2. Notarization, certification, grant of a certificate of land use rights and ownership of houses and other land-attached assets, and carrying out of procedures to exercise the rights of land users are not allowed in case land users arbitrarily divide the land parcels already registered and granted with the certificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial-level People’s Committee.
3. In case land users simultaneously apply for splitting of a land parcel smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to form a new land parcel equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously and shall be granted a certificate of land use rights and ownership of houses and other land- attached assets for the new land parcel.
Thus, the land that wants to separate the plot needs to meet the conditions of the minimum area and dimension.
Note:
- In case land users simultaneously apply for splitting of a land parcel smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to form a new land parcel equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously.
Pursuant to Clause 11 Article 9 of Circular 24/2014/TT-BTNMT as amended by Clause 1, Article 2 of Circular 09/2021/TT-BTNMT stipulating as follows:
Application for registration of change to land and property on land
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11. Application for division or consolidation of land lots shall include:
a) Application for division or consolidation of land lots made using Form No. 11/DK;
b) Original copy of the issued certificate;
Thus, the application for division of the land lot requires the original certificate of land use rights and the application for division of the land lot.
How to issue a certificate of land use rights for a land parcel which is used by several land users?
Pursuant to Clause 2, Article 98 of the 2013 Land Law in Vietnam as follows:
Principles of grant of certificates of land use rights and ownership of houses and other land-attached assets
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2. For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
Thus, if a land parcel which is used by several land users, then:
- The names of all involved persons shall be recorded in the certificate
- Each person shall be granted one certificate.
- At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
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