Is the common passage separated by the law? How is the common passage shown in the certificate of land use rights in Vietnam?
What is the minimum area of a common passage?
Currently, the law does not have specific regulations explaining the common passage.
However, it can be understood that the passage used by many individuals and households for the same purpose to travel is considered a common passage.
Pursuant to Clause 2, Article 254 of the 2015 Civil Code of Vietnam providing as follows:
Right of passage
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2. The location and the length, width and height of the passage shall be agreed by the owners in order to ensure convenient passage and minimize inconvenience to the parties. If there are any disputes regarding the passage, the parties may request the authorized State body to resolve.
Thus, the location and the length, width and height of the common passage shall be agreed by the owners.
The agreement needs to ensure convenient passage and minimize inconvenience to the parties. If there are any disputes regarding the passage, the parties may request the authorized State body to resolve.
Is the common passage separated by the law? How is the common passage shown in the certificate of land use rights in Vietnam? (Image from the Internet)
Is the common passage separated by the law?
Pursuant to Clause 2, Article 43 of the 2013 Land Law of Vietnam:
Consultations on land use master plan and plans
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2. The forms, contents and timing of consultation with the public on land use master plans and plans must comply with the following provisions:
a/ The consultations with the public on national and provincial-level land use master plans and plans must be conducted in the form of publicizing the contents of land use master plans and plans on the websites of the Ministry of Natural Resources and Environment and the provincial- level People’s Committees. The consultations with the public on district-level land use master plans and plans must be conducted in the form of organizing meetings, direct consultation and publicizing the contents of land use master plans and plans on the websites of provincial-level and district-level People’s Committees.
b/ The consultations with the public on land use master plans and plans must be conducted on the targets of land use master plans and plans, projects and construction works to be implemented during the land use master plan and plan periods;
c/ The consultations with the public on land use master plans and plans must be conducted within 30 days after competent state agencies decide to conduct consultations.
Thus, national and provincial-level land use master plans and plans must be consulted by the people.
Pursuant to Clause 4, Article 144 of the 2013 Land Law of Vietnam stipulating as follows:
Urban residential land
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4. Provincial-level People’s Committees shall, based on the land use master plans, urban construction master plans and the local land fund, determine the allocation quota of residential land to each household or individual for their own housing construction in case they are not eligible to be allocated land in an investment project on housing construction; and prescribe the minimum area for the division of a residential land parcel.
Thus, the Provincial-level People’s Committees shall, based on the land use master plans, urban construction master plans and the local land fund, determine the allocation quota of residential land to each household or individual for their own housing construction in case they are not eligible to be allocated land in an investment project on housing construction; and prescribe the minimum area for the division of a residential land parcel.
Thus, in order to separate the common passage, the following conditions must be met:
- Having a certificate of land use rights, land use right/ownership of assets attached to land;
- Land is not distrained to ensure judgment enforcement;
- The land is in the case of no dispute;
- Satisfy the local conditions of land separation.
How is the common passage shown in the certificate of land use rights in Vietnam?
Pursuant to Article 12 of Circular 23/2014/TT-BTNMT stipulating as follows:
Outline of land parcel, house and other properties associated with land in the Certificate
1. The outline of land parcel is recorded under the following regulations:
a) The outline of land parcel is indicated with information, including:
- Shape of land parcel length of its sides;
- Land parcel number or name of adjacent works, North – South direction instruction;
- Building line and landmark of land use planning, building line and landmark of safety corridor of works on the land parcel issued with Certificate are indicated with broken line interspersed with dotted line and note of building line and landmark;
- Where the land parcel is consolidated from other land parcels with different origin and duration of use or with a part of land of separate use of one person and a part of land of joint use of more than one person, the boundary between parts of land is indicated with broken line interspersed with dotted line and note of purpose of such boundary.
Where the land has apartment building and the land area of joint use of apartment owners is a part of area of the land parcel, the range of boundary of part of land jointly used must be indicated.
b) Cases without record on the outline are:
- Issue of one joint Certificate for more than one agricultural land parcels;
- Land for works construction in line. Ex: “Traffic road, electricity path and water path of investment organization in the form of BOT”.
The outline of land parcel is indicated with information, including:
- Shape of land parcel length of its sides;
- Land parcel number or name of adjacent works, North – South direction instruction;
- Building line and landmark of land use planning, building line and landmark of safety corridor of works on the land parcel issued with Certificate are indicated with broken line interspersed with dotted line and note of building line and landmark;
- Where the land parcel is consolidated from other land parcels with different origin and duration of use or with a part of land of separate use of one person and a part of land of joint use of more than one person, the boundary between parts of land is indicated with broken line interspersed with dotted line and note of purpose of such boundary.
Thus, the common passage on the Certificate of land use rights is represented by broken line interspersed with dotted line and note of purpose of such boundary.
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