1. Many people buy a plot of land together
Case 1: Buying together but not dividing the plot or not eligible for division
Pursuant to Clause 2, Article 135 of the 2024 Land Law, when contributing money to receive the transfer of a land plot (contributing money to buy a common land plot), the Certificate of land use rights and ownership of assets attached to the land must fully record the names of those with common land use rights and issue a Certificate to each person.
- Forms of use in the Certificate: According to Clause 5, Article 8 of Circular 10/2024/TT-BTNMT, in case the entire area of the land plot is under the use rights of many people, the Forms of Use section is marked as "common use".
Case 2: Buying a common plot but dividing the plot
Point b, Clause 2, Article 27 of the 2024 Land Law stipulates: In case the group of land users is divided by the land use right for each member of the group, if each member of the group wants to exercise the rights of their land use rights, they must carry out the registration of fluctuations or split plots as prescribed, carry out procedures for granting land use right certificates, ownership of property attached to the land use rights and implementation of land use rights.
Thus, if the land plot received for common transfer is eligible for division and the buyers want to separate the land plot, they must separate the land and carry out procedures to issue a Certificate for each division.
2. Shared land use rights as husband and wife
Clause 1, Article 34 of the 2014 Law on Marriage and Family stipulates: In cases where property owned by a husband and wife is required by law to be registered for ownership and use rights, the Property Rights Certificate and the Use Rights Certificate must record the names of both husband and wife, unless otherwise agreed.
For the common property of a husband and wife that has been registered and recorded in the name of one husband or wife, the husband and wife have the right to request the competent authority to issue and reissue the Certificate of ownership and land use rights to record the names of both husband and wife (Clause 2, Article 12 of Decree 126/2014/ND-CP).
Thus, if the land use right is the common property of the husband and wife, the information of both husband and wife must be recorded in the Certificate, unless the husband and wife have another agreement.
3. Shared land use rights when being a household
According to Clause 6, Article 32 of Circular 10/2024/TT-BTNMT, it is stipulated that the information of land users and owners of assets attached to land that are households on the Certificate is displayed as follows:
- Record the full information of the members of the household on the Certificate as follows: "Mr." or "Miss", full name, address and personal identification number.
- In case the information of members sharing land use rights cannot be recorded on the Certificate, the information of one/a number of members must be recorded. Next, it is stated: "and other members with shared land use rights of households shown in the QR code".
- The QR code of the Certificate fully shows the information of those with shared land use rights.
- In case the members agree to record the name of the representative on the Certificate, the representative's information should be recorded as follows: "Mr." or "Miss", full name, address and personal identification number", then stated "representative of members sharing land use rights of the household".
- The QR code of the Certificate fully shows the information of those with shared land use rights.
Thus, for land under the use rights of a household, the Certificate will display full information of members or record the name of the representative, depending on the needs of the household.
