If land is owned by many people, what can it be recorded in the certificate of land use rights and ownership of houses and other land-attached assets (certificate) in Vietnam? Can reclaimed land be issued a certificate in Vietnam?

When buying a plot of residential land in Vietnam, whose name is listed in the certificate?

I and a friend plan to pool capital to buy a plot of residential land in My Phuoc Binh Duong residential area. Can I ask if I and my friend will be on the certificate together? For example, if I want to mortgage this land to the bank, do I have to be in the name of the person who mortgages it? Thank you.

Reply:

Based on Article 209 of the 2015 Civil Code, regulations on common ownership are as follows:

1. Ownership in common is multiple ownership whereby each owner's share of the ownership rights with respect to the multiple ownership property is specified.

2. Each of the owners in common has rights and obligations with respect to the multiple ownership property corresponding to its share of the ownership rights, unless otherwise agreed.

On the other hand, based on Clause 2, Article 98 of the Land Law 2013, it stipulates the principles of grant of certificates of land use rights and ownership of houses and other land-attached assets, specifically 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.

=> So, based on the law in Vietnam, if you and the other person buy a piece of land together, you both have the same land use rights. Therefore, the issued land use rights certificate, in principle, will have to record the full names of two people and give one copy to each person or give one copy to the representative if requested. When carrying out procedure for a bank loan to mortgage this land, the consent of both is required.

In case the bank requires a person's name to be on the certificate to streamline procedures, to protect their legal rights and interests and avoid risks for the person whose name is not on the certificate, the two of you need to make an (notarized, authenticated) agreement on authorizing one person's name as well as the rights and obligations of both people before carrying out bank loan procedures.

Above is our advice on the issue you are wondering about.

If land is owned by many people, what can it be recorded in the certificate of land use rights and ownership of houses and other land-attached assets (certificate) in Vietnam?

May I ask if my parents passed away and left their land use rights to my brothers. My brothers and I agreed not to sell and put our names on the land together. So in case our land will be granted a land use right certificate, how will it be issued?

Reply:

In Clause 2, Article 98 of the Land Law 2013, it is stipulated:

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, according to the above regulations in Vietnam, in case the land is owned by many people, the Certificate must have the full names of the brothers and sisters, and each person will be issued a certificate of land use rights. In case the brothers have an agreement to jointly issue a Certificate and give it to a representative among the brothers, it is still accepted.

Can reclaimed land be issued a certificate in Vietnam? 

Please ask. The case of people reclaiming land and using it long-term from the 2000s to the present. Now my family wants to get a certificate, can they get it?

Reply:

In Clause 2, Article 101 of the 2013 Land Law, it is stipulated:

2. Households and individuals using land and having none of documents prescribed in Article 100 of this Law that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

=> Thus, according to the above regulations in Vietnam, if your family has reclaimed land used from the 2000s to the present without any disputes in accordance with the land use planning... then a Certificate of Use Rights will be issued. 

Procedures for granting land use rights certificates in the above cases include:

Application for registration and issuance of Certificate of land use rights, ownership of housing and other assets attached to land according to Form No. 04/DK.

- Certificate of land dispute-free from the People's Committee of the commune where the land is located.

- Documents of fulfillment of financial obligations; Documents related to the exemption or reduction of financial obligations related to land and assets attached to land (if any).

- Family ID card and household registration book (copy).

We respond to your information.

Best regards!