Is it possible to jointly name the certificate of land use rights and ownership of houses and other land-attached assets when two persons have not yet registered their marriage in Vietnam?

Is it possible to jointly name the certificate of land use rights and ownership of houses and other land-attached assets when two persons have not yet registered their marriage in Vietnam?

My boyfriend and I cohabitate in the rental house, as husband and wife but have not yet registered for marriage. We have saved some money so we plan to buy a house together, can we both have our names on 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.

According to the information you provided, although you and your boyfriend have not yet registered your marriage, you both have right to agree to jointly receive/purchase real estate and jointly name on the certificate of land use rights and ownership of houses and other land-attached assets. And when the two of you receive the transfer/purchase of real estate and carry out the registration procedures for name transfer as prescribed, both of you will be named on the Certificate and become co-owners/common users of the property. 

However, according to the provisions of Clause 4, Article 98 of the 2013 Land Law:

4. In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.

In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.

Therefore, for land parcel which is used by several land users, the two of you will need to present at the competent agency (notary public, land registration agency, etc.) proof of marital status that the two of you have not registered your marriage with anyone to prove that this property is not related to the marital property.

What is application for a certificate of land use rights and ownership of houses and other land-attached assets when the land uses a common passage in Vietnam? How to add wife's name to the red book?

Currently I have a house in HCMC. The house is located behind the house with frontage, I entered my house by going through the front house, because the previous house is my brother and sister. So can I apply for a certificate of land use rights and ownership of houses and other land-attached assets for my house when using the front passage?

Reply:

The right of passage is implemented in accordance with Article 254 of the Civil Code 2015, specifically:

1. An owner of immoveable property which is surrounded by immoveable properties of other owners such that there is no exit has the right to request one of the owners of adjoining immoveable properties to provide it with a passage to a public road on their land.

The passage shall be opened in the adjoining immoveable property which is deemed to be the most convenient and reasonable, taking into consideration the special characteristics of the location, the interests of the immoveable property which does not have an exit, and what will cause the least damage to the immoveable property through which the passage is created.

The owner of the immovable property eligible for the passage must compensate for the obliged immovable property, unless otherwise agreed.

2. The location and the length, width and height of the passage shall be agreed by the owners in order to ensure convenient passage and minimize inconvenience to the parties. If there are any disputes regarding the passage, the parties may request the authorized State body to resolve.

3. Where immoveable property is divided into more than one portion for different owners or users, upon division, necessary passages must be provided, without compensation, to persons in the interior as provided in Clause 2 of this Article.

Thus, your family can agree on a shared passage with the landlord first and you must compensate the landlord a corresponding amount in advance if the two parties do not agree otherwise.

In order to apply for a land use right certificate, you need to meet the conditions in Article 100 of the 2013 Land Law. In which, you must meet some basic conditions such as: land has been used stably, has clear origin of use; undisputed land; in accordance with the approved master plans and plans on land use.

What is procedure to add the wife's name to the certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

I got married in 2010. In 2012, my husband and I bought a plot of land. Due to health reasons, I could not sign, so the land was in my husband's name. Now I want to add my names on the certificate, what do I need to do? Thank

Reply:

According to the provisions of Clause 4, Article 98 of the 2013 Land Law:

4. In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.

In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.

According to Article 76 of Decree 43/2014/ND-CP, Article 10 of Circular 24/2014/TT-BTNMT, Article 11 of Circular 24/2014/TT-BTNMT, you must submit 01 set of application for change of certificate of land use rights and ownership of houses and other land-attached assets includes:

- An application form for a certificate of land use rights, made according to Form No. 10/DK;

- Certificate of marriage registration;

- Certificates of land use rights;

- Identity card of the couple (certified copy);

- Current household registration book of the couple (certified copy);

- ...

You submit your application at the Department of Natural Resources and Environment or the land use right registration office. The land registration office will check the documents and confirm in the application the reason for the change of the Certificate; make a dossier and submit it to a competent agency for granting the Certificate; updating and correcting cadastral records and land databases; hand over the Certificate to you or send it to the commune-level People's Committee for handing over in case you submit your application at the commune level.

Fees and charges you may have to pay include: Certificate fee; Fees for measurement, cadastral mapping, land use right authorization fees (if any),...

Best regards!