Vietnam: What are the regulations on applying for certificates of house ownership in case of co-owners? In what cases will land users be issued land use right certificates upon registration of change to land and land-attached assets?
- What are the regulations on applying for certificate of house ownership in case of co-owners in Vietnam?
- In what cases will land users be issued land use right certificates upon registration of change in Vietnam?
- What does the application for registration of change to land and land-attached assets in Vietnam include?
What are the regulations on applying for certificate of house ownership in case of co-owners in Vietnam?
Pursuant to Article 1 Circular 09/2021/TT-BTNMT, the certificate of change registration is granted as follows:
"Land lots are split to receive separate Certificates for cases where a Certificate is granted to multiple lots."
According to information provided by you, you have not yet transferred the name, if you want to split the land parcel to receive a separate certificate, the co-owners on the land use right certificate will carry out this procedure. Then, the seller shall separately transfer the part of the separated land use right if the land parcel is eligible for parcel separation according to the regulations of the People's Committee of municipalities.
In what cases will land users be issued land use right certificates upon registration of change in Vietnam?
According to Clause 2, Article 17 of Circular 23/2014/TT-BTNMT, and Clause 2, Clause 3, Article 1 Circular 09/2021/TT-BTNMT, cases of registration of change issued with the Certificate of use right land, ownership of houses and other land-attached assets are:
- Consolidation of land lots into a new land lot; splitting of a land lot into new land lots in accordance with regulations of law; land lots split to receive separate Certificates for cases where a Certificate is granted to multiple lots
- Transfer of use purpose of a part of land parcel with permission from the competent authorities;
- Person leasing or sub-leasing the land use right of investors who are allotted land or lease land for investment in construction of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks;
- Case of receiving the transfer of use right of a part of land area or properties associated with land in the issued Certificate in any form specified under Point a of this Clause;
- Agreement upon consolidation or division of land use right or properties associated with land of households, spouse or group of people of joint ownership or use.
- Certification of addition of ownership of properties associated with land on the land parcel which has been issued with Certificate;
- Change to all information on a land lot due to cadastral map formulation; change to land area of a land lot having garden, pond and housing due to residential area redetermination per regulations;
- The issued Certificate is damaged or lost;
- Cases of registration of change in land use right or ownership of properties associated with land but there is not adequate space for certification of change in page 4 of the Certificate;
- Cases of registration of change in land use right or ownership of properties associated with land specified under Points a, b, e, g, h, l, m, n and r, Clause 1 of this Article and the land user or owner of properties associated with land has a need for issuance of new Certificate.
What does the application for registration of change to land and land-attached assets in Vietnam include?
Pursuant to Article 2 of Circular 09/2021/TT-BTNMT, an application for registration of change to land and land-attached assets includes:
1. Application for transfer of agriculture land use rights of households and individuals to perform "land lot regrouping" submitted for all relevant households and individuals shall include:
a) Application for issuance of the certificate of land use rights and ownership of housing and other property on land, which are made using Form No. 04d/DK enclosed therewith, of each household and individual;
b) Original copy of the issued certificate or a copy of the agreement on mortgage of land use rights for land mortgaged at a credit institution;
c) Written agreement on transfer of agricultural land use rights of households and individuals;
d) Plan for transfer of agricultural land use rights of the commune-level People’s Committee approved by the district-level People’s Committee;
dd) Record of land handover under the “land lot regrouping" plan (if any).
2. Application for transfer of agricultural land use rights not related to "land lot regrouping "; transfer, lease, subletting, inheritance, donation or capital contribution concerning land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband shall include:
a) Application for registration of change to land and property on land made using Form No. 09/DK.
For households and individuals receiving transfer of agricultural land use rights, land area over which land use rights are transferred must be specified in Point 4 Section I of Form No. 09/DK (Reason for change) as follows: “Receive … (specify form of land use rights transfer) … m2 (specify land area over which land use rights are transferred); total agricultural land area currently in use due to land use rights transfer and after land use rights transfer is registered from 01/7/2007 to before 01/7/2014 is … m2 and from 01/7/2014 to now is ... m2 (specify land area over which land use rights are transferred by type of land and province/central-affiliated city)”;
b) Agreement/document on transfer, lease, subletting, inheritance or donation of land use rights/ ownership of property on land; capital contribution by land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband per regulations.
If there is only one inheritor of land use rights/ownership of property on land, an application for registration of inheritance of land use rights/ownership of property on land from this inheritor is necessary;
c) Original copy of the issued certificate;
d) Written approval of the competent authority for the business entity receiving transfer of or capital contribution by or leasing agricultural land use rights to carry out an investment project;
dd) Written consent of the land user which shows that the owner of the property on land may transfer, donate, lease or contribute capital by the property on land in case of transfer, donation or lease of or capital contribution by property on land whose owner is not the land user.
3. Application for annulment of registration of lease, sublease and capital contribution concerning land use rights/ownership of property on land shall include:
a) Written document on termination of the agreement on lease, sublease or capital contribution concerning land use rights/property on land or agreement on lease, sublease or capital contribution concerning land use rights/property on land whose termination is verified;
b) Original copy of the issued certificate in case of lease or sublease of land use rights of an investor in infrastructure construction in an industrial zone, industrial cluster, export-processing zone, hi-tech park or economic zone or capital contribution by land use rights/ownership of property on land.
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