“Land Use Rights Certificate” conveyancing procedure when one of the household member objects

Our family’s Land Use Rights Certificate was granted to the whole household and my mother is the owner. My mother wants to carry on the conveyancing procedure from her name to mine. All the members of my family agree but my brother. I would like to be advised if my mother is able to carry out this conveyancing procedure?

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question. 

Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land-use rights at the time of being allocated land or leased land or having land use rights recognized by the State; or acquiring land-use rights. (According to Clause 29 Article 3 of Land Law 2013)

[1]. Your family is not allowed to carry out the “Land Use Rights Certificate” conveyancing procedure when one of the member objects:

Conditions for the legal transaction on land use rights of households are prescribed in Vietnam law provisions.

- According to Clause 1 Article 64 of Decree No. 43/2014/NĐ-CP dated on April 15, 2014 on detailing a number of articles of the Land Law:“ 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.”

- Besides, according to Clause 5 Article 14 of Circular No. 02/2015/TT-BTNMT, dated on January 27, 2015:“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.”

So, in accordance with such law provisions, your family is not allowed to carry out the “Land Use Rights Certificate” conveyancing procedure when one of the member's objects notwithstanding consent of the others.

However, your family is allowed to carry out the procedure on land parcel division if the land parcel meets the conditions for the division. The remainder use rights would be transferred to you when the whole family agrees.

[2]. Order and procedures for land parcel division:

Order and procedures for land parcel division are prescribed in Article 75 of Decree No. 43/2014/NĐ-CP.

Documents:

A written form of division or consolidation of the land plot in Form 11 / DDK;

An original of the granted Certificate

 Order and procedures:

Step 1: Submitting the dossiers to the Land Registration Office of the district.

Step 2: In case your dossiers are regular, Land registration Office of the district shall:

- Conduct cadastral surveys for land parcel division;

- Carry out the change registration procedures for the part of the land area on which rights are transferred;

- Certify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not transferred; 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 Committee for handover, in case of submission of dossiers at commune level.

Step 3: Land registration Office would hand it over to you or sending it to the commune-level People’s Committee for handover, in case of submission of dossiers at the commune level.

Time for handling the dossier: According to Decree No. 01/2017/NĐ-CP, it takes 15 days for handling the dossier of division or consolidation of the land plot, registration of land use rights in the case that the State allocates land for management.

Fees: Depends on the decision of People Council of Province.

At the same time, you can negotiate to buy back the land that the member who disagrees with conveyancing or choose other options to ensure the full right to use this parcel.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Expert: Nguyen Thi Suong

FDVN Law Company

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