What documents are required to add the husband's name to the certificate of land use rights?

What documents are required to add the husband's name to the certificate of land use rights? What to do if a person in Vietnam dies while the process of making the certificate of land use rights is ongoing? Does the commune in Vietnam have to post a notice of lost certificate of land use rights?

What documents are required to add the husband's name to the certificate of land use rights?

My wife and I bought a piece of land when we were married, but only my name is on the certificate of land use rights. Now, we want to add my husband's name on it. What documents do we need to prepare? Thank you very much.

Answer:

Pursuant to Clause 1.d Article 76 of the Decree 43/2014/NĐ-CP, in the case where the right to use land, the right to own assets attached to the land is a common property of the husband and wife, but the certificate of land use rights has only been issued with the husband's or wife's name, now there is a request to replace the certificate of land use rights to include both the husband's and wife's names, the certificate of ownership will be reissued.

Pursuant to Article 10 of the Circular 24/2014/TT-BTNMT, application for reissuance of the certificate of land use rights includes:

- A written form of replacement of the Certificate in the Form 10 /DDK;

- An original of the granted Certificate

What documents are required to add the husband's name to the certificate of land use rights? - Source: Internet

What to do if a person in Vietnam dies while the process of making the certificate of land use rights is ongoing?

I have a case as follows: My mother is in the process of applying for a certificate of land use rights. She has an appointment to pick up the certificate of land use rights at the Land Registration Office of the district government on September 24th. Unfortunately, my mother died in a traffic accident. How to solve this case?

Answer:

Pursuant to Clause 4 Article 79 of the Decree 43/2014/NĐ-CP stipulating as follows:

- In case the applicant for a certificate dies before being handed over the certificate, the person who inherits land use rights in accordance with the inheritance law shall additionally submit a paper on inheritance as prescribed.

- The land registration office shall certify the inheritance in the granted certificate or make a dossier and submit it to a competent agency for granting the certificate of land use rights and ownership of houses and other land-attached assets to the heir under regulations of the Ministry of Natural Resources and Environment. The heir shall perform financial obligations for land use rights and land-attached assets in case the deceased has such financial obligations as prescribed by law.

Therefore, if your mother dies while applying for a certificate of land use rights, the heirs of this land use right must submit additional documents on inheritance in accordance with regulations.

The Land Registration Office will proceed to confirm inheritance in the signed certificate of land use right or prepare a file to submit to the competent authority to issue the certificate of land use right to the heirs in accordance with regulations.

Does the commune in Vietnam have to post a notice of lost certificate of land use rights?

Yesterday, I accidentally left a bag of documents, including my certificate of land use rights. They were all lost. I went to the commune to report that I had lost my certificate of land use rights. It has been 2 months now and I haven't seen the commune take any action. If the commune doesn't confirm, how can I get a new certificate of land use rights? When I went to report that I lost my certificate of land use rights, shall the commune announce or post it?

Answer:

Pursuant to Clause 1 Article 77 of the Decree 43/2014/NĐ-CP stipulating re-grant of certificates, certificates of house ownership or certificates of ownership of construction works due to loss as follows:

Households, individuals or communities shall declare to the commune-level People’s Committee of the locality where the land is located the loss of their certificates, certificates of house ownership or certificates of ownership of construction works. The commune-level People’s Committee shall post up the loss at its office, except the loss due to a natural disaster or fire.

Domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, certificates of house ownership or certificates of ownership of construction works in the local mass media.

After you report the loss of the certificate of land use rights, the commune-level People's Committee is responsible for posting a notice of loss of the certificate at the People's Committee office, except in the case of loss of the certificate due to natural disasters or fires.

Therefore, in your case, if you have reported it and the commune has not posted the notice of loss of the certificate after 2 months, it is a violation of the law.

Best regards!

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