If me and my boyfriend haven't registered our marriage, can we own one certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

If me and my boyfriend haven't registered our marriage, can we own one certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

In Clause 2, Article 98 of the 2013 Land Law, there are regulations on principles of grant of certificates of land use rights and ownership of houses and other land-attached assets as follows:

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.

According to current regulations in Vietnam, not having a marriage registration does not affect the joint name on the certificate of land use rights and ownership of houses and other land-attached assets. Therefore, the two of you can still have the same name on the certificate of land use rights and ownership of houses and other land-attached assets when you have not yet registered your marriage.

Which agency will have authority to issue certificate of land use rights and ownership of houses and other land-attached assets to individuals when buying land?

Article 105 of the 2013 Land Law provides for competence to grant certificates "of land use rights and ownership of houses and other land-attached assets as follows:

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.

3. For the subjects that were granted a certificate, a certificate of houses ownership or a certificate of construction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the certificate, the certificate of houses ownership or the certificate of construction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government’s regulations.

According to this Article, in the case of individuals buying land, the district-level People's Committees will have the authority to issue certificates of land use rights and ownership of houses and other land-attached assets in Vietnam.

If there is an error in the name of an individual on the certificate of land use rights and ownership of houses and other land-attached assets, which agency will correct it in Vietnam?

Article 106 of the 2013 Land Law provides for rectification and revocation of granted certificates as follows:

1. The state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:

a/ There is wrong information on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the certificate to such person;

b/ There is wrong information on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency.

2. The State may withdraw a granted certificate in the following cases:

a/ The State recovers the whole land area indicated on the granted certificate;

b/ The granted certificate is renewed;

c/ The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;

d/ The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.

3. The withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.

Thus, in case an individual's name on the certificate of land use rights and ownership of houses and other land-attached assets in Vietnam has errors, the certificate-issuing agency is responsible for correcting it. Specifically, the district-level People's Committee will be responsible for implementing this issue.

Best Regards!