What to do when the certificate of land use rights and ownership of houses and other land-attached assets is wrong in actual area in Vietnam? If I lose my certificate in Vietnam, what should I do?

What to do when the certificate of land use rights and ownership of houses and other land-attached assets is wrong in actual area in Vietnam?

My mother has a coffee garden to share with her sister, driving stakes, tensioning ropes, ask Bao Loc district's cadastral office to make a certificate since 2012, someone else has done it, now my brother sells other people, seeing people asking for land, I just found out that the date of making the cadastral book did not correct the boundary, taking most of my garden land. Now what can I get the certificate back at the correct boundary, the person who gave it to the recipient is still here and admits that the certificate is wrong because of Bao Loc cadastral, when I asked Bao Loc cadastral office, they answered that they could not do it again.

Reply:

Clause 1, Article 106 of the 2013 Land Law stipulates that 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.

According to Clause 5, Article 98 of the 2013 Land Law:

5. If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.

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 in accordance with Article 99 of this Law.

Thus, in case there is an error in the information about the land plot on the certificate in Vietnam, you will need to complete the procedures to correct the issued Certificate at Bao Loc City People's Committee.

Procedures for correcting the Certificate shall comply with Article 86 of Decree 43/2014/ND-CP, specifically:

1. Land users or owners of land-attached assets shall submit the granted certificates, certificates of house ownership or certificates of ownership of construction works containing errors to the land registration office for correction. For errors due to the fault of land users or owners of land-attached assets, they shall make a written request for correction.

If the land registration office detect errors in a granted certificate, certificate of house ownership or certificate of ownership of construction works, it shall notify them to the land user or owner of land-attached assets and request the latter to hand over the certificate for correction.

2. The land registration office shall check and make a written record of conclusions on the contents and causes of errors; make a dossier and submit it to a competent agency to make correction in the granted certificate, certificate of house ownership or certificate of ownership of construction works containing errors; and concurrently correct the erroneous contents in the cadastral records and land database.

3. If the holder of the certificate, certificate of house ownership or certificate of ownership of construction works that needs to be corrected requests to change it into a certificate of land use rights and ownership of houses and other land-attached assets, the land registration office shall submit such request to a competent agency for granting such certificate.

If I lose my certificate in Vietnam, what should I do?

Due to not being careful when cleaning the house, my husband and I lost the certificate, now we can't find it. So what should my family do?

Reply:

Article 99 of the 2013 Land Law stipulates: The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets in case the land user requests the renewal or re-issuance of the Certificate. received lost.

Article 77 of Decree 43/2014/ND-CP stipulates re-grant of certificates, certificates of house ownership or certificates of ownership of construction works due to loss as follows:

1. 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.

2. After 30 days from the date of posting up the loss of the certificate at the office of the commune-level People’s Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese, the person whose certificate is lost shall submit a dossier of request for re-grant of the certificate.

3. The land registration office shall check the dossier; the extract of the cadastral map or the extract of the cadastral survey of the land parcel, in case the cadastral map is unavailable and a cadastral survey of the land parcel has not yet been conducted; make a dossier and submit it to a competent state agency defined in Article 37 of this Decree for signing a decision to cancel the lost certificate and sign and re-grant the certificate of land use rights and ownership of houses and other land-attached assets; and adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

Regarding the application file: According to Clause 2, Article 10 of Circular 24/2014/TT-BTNMT, the dossier is submitted when carrying out procedures for re-issuance of Certificate, Certificates of ownership of houses, Certificates of ownership of constructions due to loss includes:

2. Application for reissuance of the Certificate, Certificates of ownership of houses, Certificates of ownership of constructions shall include:

a) A written form of reissuance of the Certificate in the Form 10 /DD

b) A written certification of the People’s Committees of communes on listing a notice of Certificate loss within 15 days for households and individuals; a proof of posting 03 times on local means of mass media on loss of the Certificates to organizations, religious institutions, foreign individuals, foreign organizations having diplomatic functions, foreign-invested enterprises and oversea Vietnamese carrying out the investment project; a written certification of People’s Committees of communes on such natural disaster or fires in case the Certificate is lost due to natural disasters, fires.

In summary: When the Certificate is lost, the family must notify the People's Committee of the commune where the land is located about the loss and the competent authority will proceed to cancel the lost Certificate in Vietnam, and at the same time sign and re-issue new one to the family.

If a person disagrees, can the certificate of land use rights and ownership of houses and other land-attached assets issued to the household be transferred in Vietnam?

My father is currently in the certificate of land use rights and ownership of houses and other land-attached assets, my parents have 04 children, I am the youngest of them all grown up and independent, now he intends to transfer the name of the certificate to me, everyone agrees. However, my sister did not agree. So let me ask: Can the certificate be transferred when one person disagrees?

Reply:

As you have presented, we can explain it like this:

Households using land are those who are related by marriage, blood and rearing in accordance with the law on marriage and family, are living together and have the right to use common land at the time of land allocation, land lease or recognition of land use rights by the State; receive the transfer of land use rights.

Transfer of land use rights means the transfer of land use rights from one person to another through the forms of exchange, transfer, inheritance, donation of land use rights and capital contribution with land use rights.

According to Article 64 of Decree 43/2014/ND-CP guiding the implementation of the Land Law, there are provisions:

1. Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.

2. Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.

In Clause 5, Article 14 of Circular 02/2015/TT-BTNMT, any person who has his/her name on the certificates or is authorized as prescribed in Clause 1, Article of the Decree No. 43/2014/NĐ-CP shall be permitted to perform signing the contract, written transaction for land use rights, ownership of land-linked properties only if all members of the household using the land agree in writing and such agreement must be authenticated or certified as true copy according to the law provisions.

Thus, based on the above regulations in Vietnam, when there is a family member who does not agree to transfer the land use right of the household to yourself, the transfer of the certificate name in this case cannot be done.

However, your family can also separate the land use rights for that member, then the rest of the land will be transferred to you when the remaining members of the household agree to transfer the land to you.

Best Regards!