What can I do to get a certificate of land use rights and ownership of houses and other land-attached assets (certificate) for buying land that is not eligible for plot separation in Vietnam?

What can I do to get a certificate of land use rights and ownership of houses and other land-attached assets (certificate) for buying land that is not eligible for plot separation in Vietnam?

I bought a piece of land with a notarized transfer contract, but because there is not enough area to separate the plot, I have not been issued a certificate, can you tell me how to get my land certificate?

Reply:

According to the information you provided, you have signed a land use right transfer contract with the seller (the contract has been notarized at the notary office), so there are grounds to issue a certificate of land use right for this part of land to you according to the provisions of Article 100 of the 2013 Land Law.

However, in case the part of land that you buy is not eligible for parcel separation according to the regulations on land division limits of the provincial People's Committee where the land is located, you can do one of the following methods:

First, it is possible to combine the plot with another parcel of land

You can buy an additional parcel of land adjacent to the land plot that does not have enough area to separate the parcel, then combine these two land parcels to ensure that the area is equal to or greater than the limit for splitting the parcel as prescribed in Clause 3, Article 29 Decree 43/2014/ND-CP:

In case the land user applies to split the land plot into a land plot with an area smaller than the minimum area and at the same time applies for the consolidation of that land parcel with another adjacent land plot to form a new land parcel with an area equal to or larger than the minimum area. If more than the minimum area to be divided into a plot is divided, it is allowed to separate the parcel at the same time as the consolidation of the parcel and the issuance of a certificate of land use rights, ownership of houses and other land-attached assets for the new land plot.

Second, you can choose the form of co-ownership

Pursuant to the provisions of Article 98 of the 2013 Land Law:

1. The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.

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.

3. Land users or owners of houses and other land-attached assets shall be granted a certificate of land use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as prescribed by law.

In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the certificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency.

...

That is, in this case, you also carry out the procedures for consolidating the land, but with the adjacent land plot of other land users and the same name on the certificate of land use right.

Thus, according to the above provisions in Vietnam, you can carry out the procedures of joint ownership for a family with an adjacent land plot. However, in the case of a land use right ownership contract, the co-owners have equal rights to this land, so if you later want to sell, donate... this land, consent of the other co-owner is required.

When the land area is re-measured, will the increased area be granted a certificate in Vietnam?

My family was granted land and made a cover in 1995, with an area of ​​980 square meters. Currently, the state has regulations on redoing a new certificate. When I re-measured, my family's land area fluctuated to 1203 square meters (the increase in area was not due to encroachment). So, can my family get a certificate with that extra land area?

Reply:

According to Clause 5, Article 98 of the 2013 Land Law, in case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets

Pursuant to Article 20 of Decree 43/2014/ND-CP and Clause 20, Article 2 of Decree 01/2017/ND-CP, and according to the information you provided, that additional land use right area has no documents on the right to use land as prescribed in Article 100 of the Land Law 2013. And your family has that area not due to encroachment (no violation of land law), your family can issue a certificate when:

- Being certified by the commune-level People's Committee that there is no land use dispute;

- In accordance with the planning or not in accordance with the planning, but the land has been used before the time of planning approval, or the land has not been used yet;

- There has not been a notice or decision on land recovery from a competent state agency. In case the land must be recovered, the land use right shall be recognized.

What are procedures to convert 2 people into 1 person whose name is on the certificate in Vietnam?

Me and a friend are on the same certificate. Now that person wants to transfer my name to you. So what's the procedure? Ask a lawyer for help. Thank you sincerely.

Reply:

Pursuant to Clause 4, Article 95 of the 2013 Land Law, there are provisions as follows:

4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;

b/ The land user or the owner of land-attached assets is allowed to change his/her name;

c/ There is a change in the shape, dimension, area, number and address of the land parcel;

d/ There is a change in land-attached assets compared with the registered contents;

e/ There is a change of land use purpose;

f/ There is a change of land use term;

...

According to the information you provide, you and a friend both have their names on a certificate and that friend wants to transfer to you on the certificate.

According to this Article, you can register fluctuations in the case: that friend transfers or donates his land to you.

So, for you to be on this certificate, that friend will donate or transfer (sell) the land you own.

In particular, this donation and transfer contract must be made in writing, notarized or authenticated. This is stipulated in Clause 3, Article 167 of the 2013 Land Law:

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

After that, you will proceed to register the land change according to Clause 6, Clause 7 Article 9; Article 11 of Circular 24/2014/TT-BTNMT is supplemented by Clause 2, Article 19 of Circular 02/2015/TT-BTNMT and Clause 10, Article 7 of Circular 33/2017/TT-BTNMT. Specifically, you submit 01 application for registration of land change, including:

- An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;

- The original of the issued Certificate;

- Contract of donation or transfer mentioned above;

- Relevant documents of the parties.

Then, submit it at the Land Registry Office where the land is located in Vietnam.

Here is the content of our consultation feedback to you.

Best regards!