Property certificates are real estate which has many different names such as land use right certificate; Certificate of ownership of residential houses and land use rights; Certificates of land use rights, ownership of houses and other assets attached to land …
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These papers are issued through periods (often called with the name of the red book, pink book) names of individuals or households to distinguish the form of ownership. So, what is the difference between being a “household” or an individual?
Property certificate of personal name
The certificate of the personal name (ie the name of one or more persons) shall be indicated only by the person (s) named in the certificate as the owner or owner of the certified property, except for the school Assets defined as the common property of husband and wife under the Marriage and Family Law. Typically, this type of paper is usually granted in urban areas.
Real estate ownership certificate showing the name of the household
The person on the paper is the representative of the household (usually the household head). All persons whose names appear in the household registration books, whether minor or junior, have the right to own or use the property stated in the certificate. Particularly, there are cases where only one household is granted a certificate of land use right in the form of a household. Typically, household certificates are usually issued in rural areas.
1993, 2003 and 2013 Land Laws and its guiding documents provide for the two types of certificates.
Difference when carrying out transfer procedures between the two types
If the land use right is owned by the seller:
Accordingly, the transfer of land use rights only requires the consent of that land use right and meets the conditions in Article 188 of the Land Law 2013. If so, the DPC will reply you as a transfer contract. Assignment of land use right must have people in the household register before the red book is issued is not in accordance with the law.
If the land use right is owned by the household:
In this case, the seller is the representative of the household head.
Paragraph 29 Article 3 of the Land Law 2013 stipulates the following:
“Households using land are persons having marriage, blood relationship and nurturing in accordance with the law on marriage and family, living together and having the common land use right at the time of the State land allocation, land lease, land use right recognition; Receive land use the right transfer. “
According to the above regulation, the granting of land use right certificates to households means that all household members living together and having the common land use right at the time of land assignment or lease by the State land, recognition of land use rights; Receive land use the right transfer.
The identification of the persons entitled to land use rights granted to households is based on household registration book. Accordingly, the people whose names appear in the household registration book at the time your property is issued with a certificate and their spouse (if at the time of issue of the certificate they have registered their marriage) have the right to use it. It is for the land and all right to transfer that land.
In this case, the DPC required in the land use right transfer contract must have the signatures of members in the household registration book at the time of the transfer is correct. If not, the land use right transfer contract shall in principle be invalidated.
If you want to change your name from household to personal, what procedures do you need to do?
In case you want to register a household land use right name for an individual in that household member, you must have the consent of the household member who is full fifteen years or older… The members of the household agree to donate the land use rights to the household member. In order to perform the donation, members may go to the notarization practice organization within the province or city where the land is located to carry out the procedures in the following order:
Step 1: Set up documents on transfer or donation of property, conduct notarization and payment of fees
Persons are from18 years or older and guardians (of persons under 18 years of age) who are named in the household registration book to the notary public, to perform one of the following transactions subject to the agreement of household members:
– Asset transfer contract;
– Contract for donation of property;
– Confirmation/commitment of the property stated on the certificate is a private property of an individual in the household.
After the transaction documents are notarized or authenticated, the property recipients contact, submit the dossier at the natural resources and environment agency, declare and pay taxes, charges, and fees (if the case is right submitted).
Step 2: Register for adjustment of land use rights at District Department of Natural Resources and Environment
After the donation of the property is land use right of the household members to that member of the household, the member must go to the land registration office to carry out the transfer of the property in accordance with the provisions of law.
Accordingly, after the contract of donation of the land use right is signed with a notary public certification, it is necessary to submit a dossier for registration of changes in land use rights, transfer the ownership of land use right at the office of registration of the right to use. The land of the district-level Divisions of Natural Resources and Environment where the land is located.
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A dossier for transfer of land use right includes An application for registration of changes in land use rights (made according to a set form); Contract of donation of land use right (notarized); Certificates of land use rights; Identity card, household registration book of the donor; Registration fee declaration.
The land registration office shall have to examine the dossier and, if meeting the conditions for exercising the right as prescribed, perform the following tasks:
– Submitting the cadastral information to the tax office to determine and notify the financial obligations in the case where the financial obligation is to be fulfilled according to regulations.
– To certify the contents of changes in the granted certificates according to the regulations of the Ministry of Natural Resources and Environment.
In cases where the land use right certificates and house and land-attached asset ownership certificates are required to be granted, the dossiers to be submitted to the competent bodies for the granting of land use right and house ownership certificates and Other assets attached to land for land users.
– Edit, update fluctuations in cadastral records, land database; Give the certificate to the land user or send it to the commune-level People’s Committee for handing over the case at the commune level.
Step 3: Complete the conversion when the file is valid
In cases where the dossiers are valid and fully meet the conditions for changing names, the natural resources and environment agencies shall register the changes and adjustments in the certificates from households to individuals according to the provisions of the land legislation.
You are reading the article “What Is The Difference Between The Red Book For Households And Individuals?” in the section “Real Estate News” on the website: www.realestatevietnam.com.vn
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