17/11/2022 09:07

Red book name transfer according to the Court’s judgement in Vietnam

Red book name transfer according to the Court’s judgement in Vietnam

Hello LawNet, me and an acquaintance just had a land dispute and there was a court decision to recognize my ownership of the disputed land. So what do I need to prepare to carry out the procedure to change the name of the red book? In addition, the other made excuses and refused to hand over the original red book for me to carry out the name transfer procedure, thus, how do I solve this issue? (Cat Tuong – Ho Chi Minh City)

Hello Ms. Cat Tuong, for your question, LawNet would like to give the following opinions:

For your case, when there is a Court decision recognizing your ownership of the disputed land through the Judgment, you are eligible to be granted a land use right certificate as prescribed in Clause 3 Article 100 of the Land Law 2013 of Vietnam.

According to Clause 3 Article 100 of the Land Law 2013 of Vietnam:

Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.”

Moreover, according to Point k Clause 4 Article 95 of the Land Law 2013 of Vietnam:

4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

k/ There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law.”

Thus, you can submit an application for change of land registration or issuance of land use right certificate at the district-level land registration office in accordance with the above provisions.

Application is prescribed at Clause 5 Article 9 of the Circular No. 24/2014/TT-BTNMT (amended by Clause 1 Article 2 of the Circular No. 09/2021/TT-BTNMT) as following:

“5. Application for registration of change to land use rights/ownership of property on land in settlement of a land-related dispute, complaint or denunciation; settlement of debt incurred from mortgage contract or capital contribution by land use rights/property on land; distraint or auction of land use rights/property on land for sentence execution; division, consolidation or merger of organizations or company transformation; agreement on consolidation or division of land use rights/property on land among a household, or between husband and wife, or among a group of land users shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate, unless it is an application for execution of an effective sentence enforcement decision of the sentence enforcement authority or decision or sentence by the People’s Court, or auction of land use rights/property on land per a request of the People’s Court or sentence enforcement authority where the original copy of the issued certificate cannot be revoked;

c) Any of the following documents: successful conciliation record (if conciliation is successful and there is change in boundaries of the land lot, the recognition decision of the competent People’s Committee is necessary) or decision of the competent authority on land-related dispute, complaint or denunciation settlement per the law; document on mortgaged property handover according to agreement (if any) and document or mortgage agreement containing agreement on mortgaged property handling; document or capital contribution agreement containing agreement on contributed property handling and document on contributed property handover according to agreement; decision or judgment of the People's Court, sentence enforcement decision of sentence enforcement authority executed determining the holder(s) of land use rights/ownership of property on land; written results of auction of land use rights/property on land at the request of the land users/property owners or the People's Court or sentence enforcement authority concerning the executed sentence; written agreement on division or consolidation or transfer of land use rights/ownership of property on land in the case of organization division, consolidation or merger or company transformation; written agreement on division or consolidation of land use rights/ownership of property on land of households or husband and wife or group of land users or group of owners of property on land;

d) Document on organization division or consolidation as per the law in case of division or consolidation of land use rights/ownership of property on land of an organization; family register in case of division or consolidation of land use right/ownership of property on land of a household; family register or marriage certificate or divorce certificate in case of division or consolidation of land use rights/ownership of property on land of spouses.”

According to this provision, in case sentence enforcement decision of the sentence enforcement authority or decision or sentence by the People’s Court has been taken effect but the original copy of the issued certificate cannot be revoked, it is not required to submit the original copy of the issued certificate.

Therefore, in your case, when the other party does not cooperate to hand over the red book, you can still apply for a land use right certificate according to the effective judgment of the People's Court and need to prepare the following documents:

- Application for registration of change to land and property on land made using Form No. 09/DK;

- Decision or judgment of the People's Court, sentence enforcement decision of sentence enforcement authority executed determining the holder(s) of land use rights/ownership of property on land.

Regards!

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Phuong Uyen
15


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