What to do when surveyed area is smaller than the area recorded in certificates of land use rights and ownership of houses and other land-attached assets (certificates) in Vietnam? Can land without a certificate be donated in Vietnam?

What to do when surveyed area is smaller than the area recorded in certificates of land use rights and ownership of houses and other land-attached assets (certificates) in Vietnam?

My grandfather made a will to leave me a piece of land. I discovered that the land he left behind has an actual area smaller than the certificate. So what should I do in this case?

Reply:

Pursuant to Clause 5, Article 98 of the 2013 Land Law, which stipulates principles of grant of certificates of land use rights and ownership of houses and other land-attached assets are as follows:

5. If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.

In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of this Law.

“Article 76. Renewal of Certificates, Certificates of housing ownership, Certificates of ownership of construction works

1. Re-issuance of issued Certificates, Certificates of House Ownership, and Certificates of Construction Work Ownership is carried out in the following cases:

c) Due to land consolidation, land exchange, measurement and re-determination of land plot area and size.”

=> So, you carry out the procedure to change the Certificate of Land Use Rights in Vietnam.

Application for replacement, reissuance, revision and revocation of Certificates as prescribed in Clause 1, Article 10 of Circular 24/2014/TT-BTNMT as follows:

“Article 10. Application for replacement, reissuance, revision and revocation of Certificates

1. Application for replacement of the Certificate, Certificates of ownership of houses, Certificates of ownership of constructions shall include:

a) A written form of replacement of the Certificate in the Form 10 /DDK;

b) An original of the granted Certificate

c) A copy of the mortgage contract of land use rights and property on land instead of the original issued Certificate issued in case of replacement of the Certificates after regrouping of lands, measuring and drawing the cadastral map but the issued Certificate is mortgaged in credit institutions;

- Where to submit the application: Pursuant to Clause 19, Article 1 of Decree 148/2020/ND-CP, you submit the application to the Land Registration Office. If a Land Registration Office has not been established, submit the application to the Provincial Land Use Rights Registration Office. Besides, if you have a need, you can submit your application at the commune-level People's Committee where the land is located.

- Processing time: Certificate renewal is carried out within 10 days. In case of simultaneous renewal for many land users due to redrawing the map, it will not exceed 50 days. However, for mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions, the implementation time is increased by 15 days.

Above is the support content.

What to do when surveyed area is smaller than the area recorded in certificates of land use rights and ownership of houses and other land-attached assets (certificates) in Vietnam? Can land without a certificate be donated in Vietnam? (Image from the Internet)

Can land without a certificate be donated in Vietnam? 

Hello, I want to discuss this issue. According to current regulations, can land that does not have a certificate be donated? Thank!

Reply:

Article 188 of the 2013 Land Law stipulates:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

...

According to Article 459 of the 2015 Civil Code:

1. A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.

2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.

Thus, to be donated, the land must be certified and the donation contract must be made in writing and notarized or authenticated in Vietnam.

If many people buy a plot of land together, how many people's names are listed on the certificate in Vietnam?

Please let me ask: If a friend and I buy a plot of land together, can the documents on the certificate be in my name and my friend's name? Please advise. Thank you!!!

Reply:

According to Clause 2, Article 98 of the 2013 Land Law, 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, the certificate of land use rights and ownership of houses and other land-attached assets in this case records the full names of you and your friend and gives each person 1 Certificate.

We respond to you.

Best regards!