Settling disputes between co-owners of land in Vietnam
Co-ownership disputes are a fairly common form of dispute today. The settlement of co-owned property, also known as common property, must have the consent and agreement of the owners. However, when owners have conflicts and can not come to an agreement, a third party will get involved and settle the case. In this article, LSX legal firm will inform you: “Settling disputes between co-owners of land in Vietnam”
Legal grounnds
- Circular 23/2014/TT-BTNMT
- Civil Code 2015
Co-owners of land use certificate
Clause 1, Article 207 of the Civil Code 2015 stipulates that:
“1. Multiple ownership means ownership of property by more than one owner.
2. Multiple ownership comprises ownership in common and joint ownership.”
So, co-owners of land use certificate have the right to manage, decide and use the land.
In the case of co-owned houses, the co-owners have the form of ownership as joint ownership in parts. Whereby:
- A co-owner will have a certain part of the right to the house and have rights as well as obligations to this house in proportion to his or her ownership unless otherwise agreed.
- The share of rights may or may not be equal.
- The right to manage, use and dispose of co-owners must comply with the conditions prescribed in Articles 216, 217, 218, and 219 of the Civil Code 2015 to ensure the common interests of all co-owners.
Procedures to apply for a red book of a co-owner
Clause 3, Article 5 of Circular 23/2014/TT-BTNMT dated May 19, 2014 provides for certificates of land use rights, ownership of houses, and other land-attached assets:
Article 5. Recording information on land user or owner of properties associated with the land is specified in page 1 of Certificate
Where the land parcel which the organizations, households, or individuals are using or owning the properties associated with the land, except for cases specified in Clause 4 of this Article, the Certificate is issued to each organization, household, or individual after the land use right and ownership of properties associated with the land is defined.
In each Certificate, write all information on the person issued with the Certificate under the provisions in Clause 1 of this Article, then write “sharing the use of land or ownership of properties associated with the land (or sharing the use of land or ownership of properties) with…(specify the name of remaining persons sharing the land use right or ownership of properties associated with the land)”.
Where the land parcel which many organizations, households, or individuals are using or own the properties associated with the land and have a written agreement upon the issue of one Certificate to a representative (with a certificate from the notary public or certification under regulations of law), the Certificate is issued to such representative. In the Certificate, write information on the representative as specified in Clause 1 of this Article, and on the next line, write “Being the representative for the persons sharing the use the land (or sharing the ownership of properties associated with the land or sharing the use of land and sharing the ownership of properties associated with the land) including:….(specify names of the persons using land or properties associated with the land)”.
…
Form of issuance of certificate of ownership
Under the current regulations, the legal document to confirm ownership is the certificate of ownership of houses and other property on land (also known as the pink book).
2 types of certificate of ownership:
- A separate certificate: a separate certificate of the owner with a separate plot number, a separate map plot number, and the person whose name on the book has the right to decide the purpose of use in accordance with the provisions of the law.
- A joint certificate: a certificate of joint ownership with many owners who do not have a spouse or child relationship with the other owners.
Clause 2, Article 98 of the Law on Land 2013 stipulates that for a land parcel used by several land users or for the houses and other land-attached assets owned by several owners, the certificate shall contain the names of all involved persons, and each person shall have one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
Thus, if a house has many people sharing the same land use right, there are two forms of granting a certificate:
- Firstly, issue a certificate to each individual after determining each person’s land use rights and ownership of land-attached assets;
- Secondly, issue a joint certificate if the land users have a written agreement (notarized or authenticated according to the provisions of law).
Co-ownership dispute resolution procedures
If the parties cannot reach an agreement or conciliation to resolve the co-ownership dispute, they may request a competent court to settle the dispute.
The court will handle co-ownership disputes similarly to other land disputes. However, all owners of the house recorded in the certificate must participate in the proceedings to resolve the case.
In case the involved parties can not determine their own portion of the common property and request the Court to settle the division of such common property, each involved party shall bear the preliminary court costs corresponding to the value of the common property they enjoy under the provisions of Clause 2, Article 147 of the Civil Procedure Code 2015.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
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With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
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After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Settling disputes between co-owners of land in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Co-owners have equal rights in exploiting the utility, enjoying the benefits and profits from the common property, unless otherwise agreed.
Contracts for lease, sub-lease of land use rights, land use rights and land-attached assets, contracts for conversion of agricultural land use rights; contracts for the transfer of land use rights, land use rights as well as assets attached to land in which one party or the parties to the transaction is a real estate business organization notarized or authenticated at the request of the parties.
– In case of house buying with definite duration under regulation of law on house, write the date, month and year of ownership expiration under sale contract or under regulation of law on house;
– In case of house ownership on land leased or borrowed from another land user, write the date, month and year of leasing or borrowing expiration;
– Other remaining cases without definite duration: write “-/-“.
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