In case the seller does not handover the Certificate of land use rights, can the buyer carry out the

In 2013, I bought a plot from Mr. and Mrs. B. The contract was notarized under the law. In the contract, it is showing clear that Mr. B is the person responsible for carrying out the procedure of transferring the rights to me and adjust the certificate. However, from the date of signing the contract, Mr. and Mrs. B have left the hometown to settle in the South of Vietnam and they have not delivered the Certificate of land use rights yet and have not completed the procedure of transferring.

So I would like to know if I could carry out the procedure by myself when there is no Certificate of land use rights? If possible, how to do it?

 FDVN’s opinion:

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

According to the information you provided, the parcel you bought has a Certificate of land use rights named Mr. and Mrs. B, both parties have carried out the transfer of land use rights, notarized the transfer of land use rights contract since 2013 but Mr.B and Mrs. B did not give you the Certificate of land use rights, did not carry out procedures for land registration in accordance with the law.

In this case, based on the provisions of Clause 2, Article 82 of Decree no 43/2014/ND-CP and Circular no 24/2014/TT-BTNMT, on May 19, 2014 regulating cadastral files, you absolutely can do the procedures yourself to grant certificate of land use rights and ownership of houses and other land-attached assets without having the old certificate of land use rights  of Mr B and Mrs B according to the order and procedures as follows:

* Profile components (Point a, Clause 4, Article 9 of Circular no 24/2014 / TT-BTNM)

-  A written form of registration for changes in land and property on land in the form 09/DDK;

- Contract or document on the transfer of rights has been made according to regulations.

* Agency to register: Land registration office at the district where the land is located

* The procedure:

- Submit the application to the competent agencies

            - In case a household or an individual set up a private enterprise and uses land for such enterprise’s production and business activities without changing the land use purpose, the private enterprise may continue using the land and shall carry out the procedures for registration of the change of the name of land user under Point b, Clause 4, Article 95 of the Law on Land and Article 85 of this Decree. In case of using land leased by the State, the private enterprise shall re-sign the land lease contract with the provincial-level Natural Resources and Environment Department prior to receipt of a certificate.

- In case a household or an individual sets up a private enterprise and uses the land for such an enterprise’s production and business activities for a new purpose for which permission must be obtained, the private enterprise shall carry out the procedures for land use purpose change. It shall submit a dossier of request for permission to change the land use purpose together with a dossier of registration of the change of the name of land user; competent agencies shall consider and decide to permit the change of the land use purpose and consider and certify the change of the name of land user at the same time.

- When the private enterprise terminates operation and its land use rights are not dealt with in accordance with the law, registration of the change of the name of the land user may be made for the household or individual concerned under Point b, Clause 4, Article 95 of the Law on Land and Article 85 of this Decree.

Legal expert: Nguyen Cong Tin

FDVN Law Firm

FDVN LAW FIRM