Can house be owned by two owners in a certificate of land use rights and ownership of houses and other land-attached assets without registering their marriage in Vietnam?

Can house be owned by two owners in a certificate of land use rights and ownership of houses and other land-attached assets without registering their marriage in Vietnam?

My girlfriend and I have known each other for 4 years now, planning to get married when the epidemic is over. But now we have a new plot of land to buy, can both of us own this land together?

Reply:

Pursuant to Clause 2, Article 98 of the 2013 Land Law, regulations on principles of grant of certificates of land use rights and ownership of houses and other land-attached assets

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.

At the same time, in Clause 3, Article 5, Circular 23/2014/TT-BTNMT stipulates as follows:

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)”.

Thus, even though you are not husband and wife, you are still allowed to have your name in the certificate and depending on the agreement, you can issue 02 books or 01 book and send it to the representative according to the above regulations in Vietnam.

Can house be owned by two owners in a certificate of land use rights and ownership of houses and other land-attached assets without registering their marriage in Vietnam? (Image from the Internet)

Does changing to a citizen identification card with a chip have to change the certificate in Vietnam?

In the near future, if I change from ID card to Citizen identification card with a chip, will I have to correct the ID number on the certificate? The certificate is in my name.

Reply:

According to Clause 14, Article 6, Circular 33/2017/TT-BTNMT stipulates cases of confirmation of changes in the issued Certificate when registering changes in land and assets attached to land as follows:

Land users and owners of assets attached to land are allowed to change their names; Confirm changes in information about legal entity, ID card number, citizen identification card number, address on the issued Certificate according to the needs of land users and owners of assets attached to land; Confirm changes in information about legal entity, ID card number, citizen identification card number, address on the issued Certificate simultaneously with procedures for registering changes in land and assets attached to land.

According to this regulation in Vietnam, land users and owners of assets attached to land can request confirmation of changing information about ID card numbers and citizen identification card card numbers on the issued Certificate if needed.

Thus, confirmation of changing the ID card number to the citizen identification card number with a chip on the Certificate is not required. If you do not need it, there is no need to change the information about the citizen identification card number with chip on the certificate.

However, modifying and confirming this information can only be done simultaneously with the procedures for registering changes in land and assets attached to land. Changing citizen identification card number information is not subject to change registration (Clause 4, Article 95 of the 2013 Land Law). Therefore, confirmation of changes to this information cannot be done independently.

Do not issue certificates to organization assigned to manage the monument in Vietnam

I would like to ask if an organization is assigned to manage a monument project when the state allocates land for such management, will this organization be granted a certificate?

Reply:

Pursuant to Clause 1, Article 19, Decree 43/2014/ND-CP stipulates entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets as follows:

1. Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.

At the same time, Article 8 of the 2013 Land Law stipulates that subjects are:

1. The head of an organization is responsible for land management in the following cases:

a/ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;

b/ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;

c/ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;

d/ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.

2. The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.

3. The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.

4. The representative of a community is responsible for land allocated to the community for management.

Therefore, for this organization, they will not be issued a certificate, which means a Certificate of land use rights, ownership of houses and other assets attached to land in Vietnam.

Best regards!