Legal risks when buying land in Vietnam with someone else’s name

Hello Lawyer X. My wife and I have been married for 5 years and are planning to buy a house in the center of Dong Da district for the convenience of the couple’s work and living. However, for some reason, my husband and I have not yet agreed on who will name the land, so we want to leave it in the name of another person, I have a question about the legal risks when buying land with someone else’s name on it? I have a friend who is Viet Kieu, can I register in the red book? Legal risks when buying land in Vietnam with someone else’s name? Looking forward to the lawyer’s answer, I sincerely thank you!

Thank you for sending your question to Lawyer X. In the article below, we will answer your questions. Hope this article brings a lot of useful things to you.

Legal grounds

Land Law 2013
Housing Law 2014

Legal risks when buying land in someone else’s name

In fact, there are cases where someone else’s name is registered in the red book, leading to the loss of property, in some cases the land is recovered but it takes a lot of time, money and effort. Because, in Clause 16, Article 3 of the 2013 Land Law: Certificates of land use rights, ownership of houses and other land-attached assets (commonly known as red books) are legal documents for the State certify the lawful land use rights and ownership of houses and other land-attached assets of the person having land use rights, house ownership and ownership of other land-attached assets. Thus, the fact that a person’s name is on the land use right certificate is the basis for determining that person is the owner of the land.

Also according to the provisions of the Land Law 2013, the person whose name is on the red book is entitled to the following benefits:

Enjoy the results of labor and investment results on the land.

Enjoy the benefits of the State’s works for the protection and improvement of agricultural land.

To be guided and assisted by the State in renovating and replenishing agricultural land.

To be protected by the State when other people infringe upon their lawful rights and interests in land.

Be compensated when the State recovers land.

To lodge complaints, denunciations, and initiate lawsuits about violations of their lawful land use rights and other violations of the land law.

To convert, buy, sell, lease, sublease, inherit, donate, mortgage, contribute capital with land use rights…

Thus, the case where someone else’s name is on the red book is giving full rights to the real estate to the person in the name of the household, according to current law, asking someone else to put their name on the red book is an illegal act. law. Legally, the person whose name is on the Certificate is recognized by the State as the right to use/own land, when in reality they are not the real owner of the house.

Therefore, from a legal perspective, the real owner of the house will face some risks, because when asking someone else to name on the Certificate, the cadastral data shows that the person being asked to name is land users, owners of assets attached to land. Accordingly, there will be many legal risks as follows: Having someone else receive the transfer without authorization, especially in the name of the transferee, the biggest risk is that the person being asked to have the intention to appropriate will not willing to change the name, return the property, deny the transaction under the name, there will be a dispute; When the State withdraws, if eligible for compensation, the person requested to be named on the Certificate is the person receiving compensation (named in the compensation decision); The person requested to be named has the right to convert, transfer, lease, sublease, donate, mortgage or contribute land use rights as capital if all conditions are met; If the person named on the Certificate dies, the house and land will then be the inheritance. If the heir does not acknowledge or do not know the origin of the house and land because it is “asked” in his name, then it is easy to have a dispute and the most worrying thing is that the person being asked to name the house if he has property obligations to the owner. If the third person’s rights to use land or house are distrained to perform an obligation, the rights and interests of the person asking for his/her name will not be guaranteed or even “lost” if there is no evidence to prove it.

Therefore, in order to ensure legitimate rights and interests in accordance with the law, before asking someone else to name the red book, the owner really needs to make an agreement with the person being asked to name the property on the transfer of rights land use rights (transferred to the land use right certificate) from that person to you. If that person agrees, the two parties can transfer the land use right through a contract of sale or donation which is notarized, authenticated, and transferred at the Division of Natural Resources and Environment of the People’s Committee of the district. where there is land. In the event that you cannot agree with that person to transfer the land use right, you can file a lawsuit in court to get it resolved. In this case, the owner needs to fully prove the legal documents and papers about the agreement by the person in the name of the red book and must have a witness. If the two parties do not have a written agreement, there must be other evidences to prove it.

Can overseas Vietnamese get their name in the red book?

Conditions for foreign organizations and individuals to own houses in Vietnam

According to Article 160 of the Law on Housing 2014, the conditions for foreign organizations and individuals to own houses in Vietnam are:

For foreign organizations and individuals specified at Point a, Clause 1, Article 159 of this Law, they must have an investment certificate and have a house built in the project in accordance with this Law and relevant laws mandarin.
For a foreign organization specified at Point b, Clause 1, Article 159 of this Law, it must have an investment certificate or documents related to its permission to operate in Vietnam (hereinafter referred to as the Investment Certificate). private) issued by a competent Vietnamese state agency.
Foreign individuals specified at Point c, Clause 1, Article 159 of this Law must be allowed to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities as prescribed by law. .
The Government shall detail documents proving the subjects and conditions for foreign organizations and individuals eligible to own houses in Vietnam.

Rights and obligations regarding residential land use of overseas Vietnamese who are entitled to own houses in Vietnam

According to Clause 2, Article 3 of the Land Law 2013, overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam have the following rights and obligations:

General rights and obligations prescribed in Articles 166 and 170 of this Law;
Transfer of residential land use rights when selling, donating, inheriting or exchanging houses for domestic organizations and individuals, overseas Vietnamese eligible to own houses in Vietnam to live in; donate houses associated with residential land use rights to the State, residential communities, donate houses of gratitude according to the provisions of Point c, Clause 2, Article 174 of this Law. In case of gifting or inheriting to subjects who are not eligible to own houses in Vietnam, such subjects shall only be entitled to the value of houses associated with residential land use rights;
Mortgage of houses attached to residential land use rights at credit institutions licensed to operate in Vietnam;
Renting, authorizing housing management during non-use.

Conditions for recognition of house ownership rights with overseas Vietnamese

According to Article 8 of the Law on Housing 2014, the conditions for recognition of house ownership are:

Domestic organizations, households and individuals; for overseas Vietnamese, they must be allowed to enter Vietnam; for foreign organizations and individuals, they must fully satisfy the conditions specified in Article 160 of this Law.

Having legal housing through the following forms:

For domestic organizations, households and individuals, through the form of construction investment, purchase, hire-purchase, donation, inheritance, capital contribution, housing exchange and other forms according to provisions of law;

For overseas Vietnamese, it is through the form of buying, renting and buying commercial houses of real estate enterprises and cooperatives (hereinafter referred to as real estate enterprises); buy, receive as a gift, receive, exchange or inherit houses of households and individuals; receive the transfer of residential land use rights in commercial housing construction investment projects, which are allowed to sell the ground in order to organize the construction of houses by themselves in accordance with the law;

Foreign organizations and individuals may adopt the forms specified in Clause 2, Article 159 of this Law.

Thus, overseas Vietnamese who are subject to the right to own houses according to the provisions of the housing law, have the right to own houses associated with the right to use residential land in Vietnam. development projects are licensed to enter Vietnam.

Is it possible to claim the land in your name?

According to Article 5, Article 167 of the 2013 Land Law, the person whose name is on the Certificate of land use rights, ownership of houses and properties attached to land (pink book) has full right to decide on land use rights. such as transferring, giving to others.

According to our analysis above, when you are the one who spends money to buy land, ask a friend in your name, if this is made in writing, you can use this document and other relevant documents to prove it. ask him to return the land to him.

Services of LSX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “Legal risks when buying land in Vietnam with someone else’s name”

Contact LSX

Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Legal risks when buying land in Vietnam with someone else’s name“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]

Please see more

Regulations on future house purchase and sale contracts in Vietnam

Grounds for settling land disputes without papersland dispute

Guidance to visa procedures for foreigners in Vietnam

Frequently asked questions

Conclusion: So the above is Legal risks when buying land in Vietnam with someone else’s name. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com