According to Clause 2, Article 135 of the 2024 Land Law, only in cases where a plot of land has many people sharing the right to use and own a house and land, will each person be granted a separate Certificate.
According to the principle, the Land Use Rights Certificate is only issued for each plot of land to the person with land use rights, the owner of assets attached to the land who has a need and meets the conditions according to the provisions of law.
This has been affirmed in Clause 1 and Clause 2, Article 135 of the 2024 Land Law as follows:
- Certificate of land use rights, ownership of properties attached to land granted according to each land parcel to people with land use rights, owners of properties attached to land with demand and eligibility as prescribed by this Law. In case the land user is using many agricultural land plots in the same commune, ward or township, they are required, they are granted a certificate of land use right, ownership of assets attached to the common land for those land plots.
- The land parcel has many people with the same land use rights, many people own the same property attached to the land, grant each person a certificate of land use rights and ownership of properties attached to the land; In case those who have the same land use rights, the same ownership of property attached to the required land, the same certificate of land use right, ownership of properties attached to the land and given to the representative.
However, in case people with shared land use rights and ownership of assets attached to land have a request, a Certificate will be issued and given to the representative. That is, if the land is the common property of many people and all members of the common right to use it agree to issue a common book for that piece of land, the land will be issued a Certificate and given to the representative.
Note:
- In case the real estate is a common property of husband and wife: the book is full of full name, the husband and wife enter the book (except for the case of the wife and the agreement to write the name of 1 person to the name of the representative).
- In case the land is common property of a husband and wife but the issued certificate only records the full name of the husband/wife: The certificate can be changed to a certificate recording both the full name of the husband and wife if required.
- In case the land is under the use of households: Granting 1 book full name of the common member's name of the right to use and given to the representative. However, if the members are in need, they will still issue a book of the household representative on the certificate and give it back to the representative.
- The determination of members sharing the right to use household land to record their names in the Book is agreed upon by the members and is responsible before the law.
