That is the content mentioned in the Circular No. 33/2017/TT-BTNMT of the Ministry of Natural Resources and Environment amending Circular No. 23/2014/TT-BTNMT stipulating the certificate of land use rights and rights. own houses and other assets attached to land.
Accordingly, in Clause c, Article 5 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 stipulates:
“Households using land shall write “Household of Mr” (or “Household of Mrs”), then write full name, year of birth, name and number of personal papers of household head as prescribed at Point a, Clause 1 of this Article. this; residential address of the household. In case the head of household does not have the right to use the common land of the household, write the representative who is another member of the household who shares the same land use right of the household.
Talking to us about this issue, lawyer Tran Duc Hung – Law Office of Tran Duc Hung and Associates said: This regulation is very progressive and solves the current problems in administrative procedures related to law. related to real estate transactions of the Household; Until now, households have been the subject of land use, however, the identification of household members when carrying out land procedures (such as purchase, sale, transfer, etc.) is not regulated by the law. specify; on the land use right certificate only the name of the household representative is shown; this leads to confusion for notary and registration agencies when carrying out real estate procedures that involve households; It is also because of this shortcoming that there have been a series of fraudulent and fraudulent acts related to household real estate transactions in recent times.
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Therefore, in order to overcome the above situation, Circular 33/2017/TT-BTNMT was issued and took effect from December 5, 2017 with specific regulations in the direction on the land use right certificate that must be names of all household members and joint land users. Specifically, in Clause 5, Article 6 stipulates as follows: “Households using land should write “Household, including Mr” (or “Household, including Mrs”), then write their full name and year. birth, name and number of personal papers of the head of household as specified in point a of this clause; residential address of the household. In case the head of household does not have the right to use the common land of the household, write the representative who is another member of the household who has the same land use right of the household.
“Co-using land, jointly owning property attached to land (or jointly using land or jointly owning property) with… (insert full name, year of birth, name and number of personal papers of the members, respectively). remaining members of the household share the same land use rights and ownership of land-attached assets).
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