Is the number of people owned the certificate of land use rights and ownership of houses and other land-attached assets (certificate) no more than 10 people in Vietnam?

Is the number of people owned the certificate of land use rights and ownership of houses and other land-attached assets (certificate) no more than 10 people in Vietnam?

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 are 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.

Thus, in case a plot of land has many people sharing land use rights and many people owning assets attached to the land, the Certificate must record the full names of the people sharing the same rights. From there, it can be seen that the Certificate does not limit the number of people named on the Certificate if they have the same rights.

If the land does not have a certificate, can my uncle still give it to me in Vietnam?

Pursuant to Clause 1, Article 168 of the 2013 Land Law, there are regulations on time to exercise the rights of land users as follows:

1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

Thus, the principle is that it is mandatory to have a Certificate, also known as a Certificate of land use rights, ownership of houses and other assets attached to land, to be gifted. Because this is not a case of inheritance according to the above legal provisions in Vietnam. Therefore, it is necessary to complete the procedures to be issued a Certificate before the gifting can be made.

Which agency has right to issue certificates to people in Vietnam?

Firstly, regarding the authority to issue Certificates:

Pursuant to the provisions of Clause 1 and Clause 2, Article 105 of the 2013 Land Law:

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.

According to this regulation in Vietnam, depending on each specific subject, the authority to issue Certificates of land use rights, ownership of houses and other assets attached to land (Certificates) will belong to the Provincial-level People's Committee or the District-level People's Committee. Particularly for domestic households and individuals, they will be under the authority of the district-level People's Committee to issue Certificates.

Second: Regarding procedures for submitting documents for issuance of Certificates:

Pursuant to the provisions in Clause 2, Article 60 of Decree 43/2014/ND-CP:

2. Agencies receiving dossiers and notifying results of settlement of procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates are land registration offices. In localities where land registration offices have not been established, provincial-level land use rights registration offices shall receive dossiers from organizations, religious institutions and overseas Vietnamese implementing investment projects, foreign organizations and individuals and foreign-invested enterprises; district- level land use rights registration offices shall receive dossiers from households, individuals, communities and overseas Vietnamese entitled to own houses associated with residential land use rights in Vietnam.

For households, individuals or communities wishing to submit dossiers to commune- level People’s Committees, commune-level People’s Committees of localities where the land is located shall receive dossiers and notify results. In case of registration of changes in land and land-attached assets; and grant and re-grant of certificates, within 3 working days after receiving a complete dossier, a commune-level People’s Committee shall forward that dossier to the land registration office.

According to this regulation in Vietnam, to be granted a Certificate, people can choose one of two ways:

- Method 1: Submit directly at the Land Registration Office under the District People's Committee;

- Method 2: Submit directly to the commune-level People's Committee. Then the Commune People's Committee transfers the documents to the Land Registration Office and returns the results to the people.

However, no matter which way you choose to do it, the authority to issue certificates to households and individuals in the country still belongs to the district-level People's Committee as analyzed above. Therefore, in your case, the commune cadastral officer's guidance on procedures for submitting documents at the commune committee and returning results to the commune committee is well-founded.

A distinction needs to be made here: the commune committee has the authority to receive and return results, not the authority to issue Certificates to people.

Best regards!