Is it possible for me and my brother to have our name on the same certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

Is it possible for me and my brother to have our name on the same certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

My younger brother and I contributed money to buy a piece of land in Dong Nai, with an area of ​​200 square meters. I want to ask, since my two brothers and I are contributing money together, is it possible to have both of our names in the certificate?

Reply:

Clause 2, Article 98 of the 2013 Land Law stipulates:

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.

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 will have you guys' names on one land use right certificate in Vietnam.

 Is it possible for me and my brother to have our name on the same certificate of land use rights and ownership of houses and other land-attached assets in Vietnam? (Image from the Internet)

Does the wrong ID card number on the certificate require another new certificate in Vietnam?

I want to ask about the procedure to re-do the certificate when the ID card number is wrong. According to current regulations, does the wrong ID card number on the certificate have to be redone?

Reply:

Clause 1, Article 106 of the 2013 Land Law stipulates:

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.

Thus, in case there is an error in the ID card number on the certificate, you can request the competent authority to issue the Certificate to correct the issued Certificate in Vietnam.

What is the land use term recorded on the certificate in Vietnam?

Let me ask: I just bought rice land but have already made a paper and the paper has a land use limit until November 15, 2063, what does it mean?
Please advise, thank you!

Reply:

According to Clause 1, Article 126 of the 2013 Land Law, the land used for limited term is specified as follows:

1. The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of this Law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in this Clause.

Thus, if you buy land use rights with agricultural land - rice growing land, the land use term is 50 years in Vietnam. Thus, the family's time to use this land use right is 50 years from the issuance of the Land Use Rights Certificate (ie until 2063).

But when the land use term expires, if your family wishes to use it, you can continue to use the land according to the above-specified term in Vietnam.

Best regards!