Which agency has right to issue certificates of land use rights and ownership of houses and other land-attached assets to citizens in Vietnam? What can I do to change from public certificate of land use rights and ownership of houses and other land-attached assets to private certificate in Vietnam?

Can sisters without the same household registration own same certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

Hello Lawyers. I would like the following advice: My sister and I are both married. Now, my sister and I contribute capital to buy a piece of land, so can my sister and I have the same name on the certificate because now we no longer share the same household registration as when we live in our parents' house.

Reply:

The Land Law 2013 and the current land legal documents do not contain any provisions prohibiting two sisters from sharing their names on the land use right certificate of a piece of land.

Therefore, this is entirely possible if it is land that belongs to the common use of two people.

Specifically, based on the provisions of Clause 2, Article 98 of the 2013 Land Law:

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.

Regarding the display of information of the two sisters on the land use right certificate, the provisions of Clause 3, Article 5 of Circular 23/2014/TT-BTNMT are applied. Specifically:

3. Where the land  parcel which the organizations, households or individuals are using or owning the properties associated with the land, except for cases specified in Clause 4 of this Article, the Certificate is issued to each organization, household or individual after the land use right and ownership of properties associated with the land is defined.

In each Certificate, write all information on the person issued with Certificate under the provisions in Clause 1 of this Article, then write “sharing the use of land or ownership of properties associated with the land (or sharing the use of land or ownership of properties) with…(specify name of remaining persons sharing the land use right or ownership of properties associated with the land)”.

Where the land parcel which many organizations, households or individuals are using or own the properties associated with the land and have a written agreement upon issue of one Certificate to a representative (with certificate from the notary public or certification under regulations of law), the Certificate is issued to such representative. In the Certificate, write information on the representative as specified in Clause 1 of this Article and on the next line, write “Being the representative for the persons sharing the use the land (or sharing the ownership of properties associated with the land or sharing the use of land and sharing the ownership of properties associated with the land) including:….(specify names of the persons using land or properties associated with the land)”.

Where there are many persons using land or sharing the ownership of properties associated with the land and there is not adequate space to specify their name in page 1, then in the last line of page 1, write “and other persons having their names at the Note of this Certificate” and at the Note of the Certificate, write: “The other persons share the use of land (or share the use of land and ownership of properties associated with the land) including:…(specify names of the remaining persons sharing the use of land or ownership of properties associated with the land)”.

On the other hand, the law has no mandatory provisions on the relationship of people sharing land use rights. Therefore, the issue of two sisters having the same or different household registration books does not affect the use rights to the above land in Vietnam.

Which agency has right to issue certificates of land use rights and ownership of houses and other land-attached assets to citizens in Vietnam?

I found there was a contradiction when we made the land transfer dossier, the cadastral officer said that the district committee issued the certificate but why still instructed us to submit the dossier at the commune committee. So in the end, which agency has the right to issue certificates to people?

Reply:

Firstly, about the authority to issue red books:

Pursuant to the provisions of Clause 1, Clause 2, Article 105 of the 2013 Land Law:

1. Provincial-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious institutions, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions.

Provincial-level People’s Committees may authorize the agency in charge of natural resources and environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets.

2. District-level People’s Committees shall grant the certificates of land use rights and ownership of houses and other land-attached assets to households, individuals and communities, and to overseas Vietnamese that are eligible to own house associated with land use rights in Vietnam.

According to this regulation in Vietnam, depending on each specific subject, the authority to grant certificates of land use rights and ownership of houses and other land-attached assets will belong to the provincial or district People's Committees. Particularly, domestic households and individuals will fall under the red book-granting competence of the district-level People's Committees.

Second: Regarding the procedure for submitting the application for a certificate of land use rights and ownership of houses and other land-attached assets:

Pursuant to the provisions of Clause 19, Article 1 of Decree 148/2020/ND-CP:

2. Authorities receiving dossiers and notifying results of processing of registration application documentation for land and other land-attached property; granting, renewing or reissuing, land registration Certificates are land registration offices and branches of land registration offices.

Based on specific local conditions, provincial-level People's Committees shall promulgate regulations on receipt, circulation of dossiers, settlement and notification of results of settlement of registration documentation for land and other land-attached property; issue, renew, and reissue Certificates within the time limits prescribed in laws, publicly announce administrative procedures and selection of locations for submission of dossiers at the land registration offices or one of the branches of land registration offices within the territories of provinces, or locations requested by land users or owners of land-attached property.

If land registration offices and branches of land registration offices receive dossiers and notify results of settlement of registration procedures for land and other land-attached property; grant, renew and re-grant Certificates as requested by land users or owners of land-attached property, the time and places of dossier receipt and notification of administrative settlement results shall be agreed upon between requesting persons and land registration offices or branches of land registration offices on condition that such time does not exceed the time of implementation of administrative procedures regulated by the provincial People's Committees.

At places where land registration offices have not been established yet, provincial-level land use right registration offices shall receive dossiers from organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, foreigners or foreign-invested enterprises; district-level land use right registration offices may receive dossiers from households, individuals, communities, overseas Vietnamese that are entitled to own houses associated with residential land use rights in Vietnam.

If households, individuals or residential communities wish to submit applications to the commune-level People's Committees, the People's Committees of the communes where the land plots are located shall receive these applications and notify the results of processing of these applications. In case of registration of changes in land and land-attached property; renewal or re-issuance of Certificates, within 03 days of receipt of full and complete dossiers, the commune-level People's Committee must transfer the dossiers to the land registration offices or the branches of the land registration offices.

According to this regulation in Vietnam, in order to be granted a certificate of land use rights and ownership of houses and other land-attached assets, people can choose one of two ways:

- Option 1: Submit directly at the Land Registration Office of the District People's Committee;

- Option 2: Submit directly to the commune-level People's Committee. After that, the commune-level People's Committee transfers the dossier to the Land Registration Office and returns the results to the people.

However, regardless of which method is chosen, the authority to issue certificates of land use rights and ownership of houses and other land-attached assets to households and individuals in the country still belongs to the district-level People's Committee as analyzed above in Vietnam. Therefore, in your case, the cadastral officer in the commune guided the procedures for submitting the documents at the commune committee and returning the results at the commune committee.

You need to distinguish here: the commune committee has the authority to receive and return the results, not the authority to issue certificates of land use rights and ownership of houses and other land-attached assets to people.

What can I do to change from public certificate of land use rights and ownership of houses and other land-attached assets to private certificate in Vietnam? 

I live on the land left by my parents. The certificate of land use rights and ownership of houses and other land-attached assets bears the name of 7 co-owners. I have built a house on this land since 1990, no dispute, I have a permanent residence here. What do I need to do to make my own certificate of land use rights and ownership of houses and other land-attached assets?

Reply:

According to the provisions of Clause 29, Article 3 of the Land Law 2013, specifically as follows:

29. Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of being allocated land or leased land, or having land use rights recognized by the State; or acquiring land use rights.

So in the current case, that certificate of land use rights and ownership of houses and other land-attached assets is the common property of 7 people. The determination of ownership rights of household members is prescribed in Article 212 of the Civil Code 2015, specifically as follows:

1. Property of family members living together includes property that they contributed or made together and other properties whose ownership rights are established in accordance with this Code and relevant laws.

2. The possession, use and disposal of multiple ownership property by family members shall be conducted as mutually agreed. With respect to disposal of an immovable property, a movable property required registration, or a property being the primary income of the family, the agreement between all family members being adults with full legal capacity is required, unless otherwise prescribed by law.

If there is no agreement, the regulations on ownership in common prescribed in this Code and relevant laws shall apply, except for the case prescribed in Article 213 of this Code.

So, before asking the Department of Natural Resources and Environment to complete the certificate of land use rights and ownership of houses and other land-attached assets again for you, you must make a document of property disclaimer signed by the members of the household registration book at the time of issuance of the land use right certificate in Vietnam.

In order to transfer the ownership rights on the Land Use Right Certificate from joint ownership to individuals, the people sharing the same ownership must carry out procedures for gifting or transferring their ownership rights to another person in Vietnam.

Best regards!