Can two brothers own the same certificate of land use rights and ownership of houses and other land-attached assets (certificate) in Vietnam?
I and my younger brother contributed money to buy a piece of land in Dong Nai, with an area of 200m2. I want to ask if both of us can own the same certificate since we bought it together.
Can two brothers own the same certificate of land use rights and ownership of houses and other land-attached assets (certificate) in Vietnam? (Image from the Internet)
According to Clause 2, Article 98 of the 2013 Land Law stipulating:
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.
In addition, Clause 3, Article 5 of Circular 23/2014/TT-BTNMT stipulates recording information on land user or owner of properties associated with the land is specified in page 1 of Certificate 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)”.
So your two brothers can own the same certificate.
Best regards!
