Issue a red book in case of common land use right

Issue a red book in case of common land use right

For a land parcel with many persons sharing the same use right, the Certificate must fully state the names of those who have the same use right and issue to each person a Certificate.

Ms. Dang Thi Kim Chung (in Hanoi), referring to Point a, Clause 2.3, Article 8 of Circular 25/2014 / TT-BTNMT and found the regulation: “a) The land parcel is determined according to the scope of management and use of a land users or a group of land users or of a person assigned by the State to manage the land; Have the same use purpose as prescribed by law on land ”.

Ms. Chung would like to ask, so the condition for the land parcel is that the land must have the same use purpose and the same owner?

If two land plots belong to two different owners, if they want to merge the land and the owner is both people, can it be considered under the management and use scope of a group of land users as prescribed above?

The Ministry of Natural Resources and Environment answers this issue as follows:

Pursuant to Item a, Point 2.3, Clause 2, Article 8 of Circular No. 25/2014 / TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment regulating cadastral maps,, the land parcel is determined according to the scope of management and use of a land user or a group of land users or of a person assigned by the State to manage the land; have the same use purpose as provided for by the law on land.

Therefore, the consolidation of the land parcel must comply with the principle: Having the same use purpose as prescribed by the law on land, the land parcel must be adjacent, adjacent, in accordance with the master plan, plan on land use. approved by a competent agency in accordance with the land law.

The order and procedures for land parcel splitting or consolidation are specified in Article 75 of the Government's Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles. of the Land Law.

Under the provisions of Clause 2, Article 98 of the Land Law, a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted 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

The presentation of information about the land user, owner of property on land in case there are many people sharing land use rights and co-owning property on land on page 1 of the Certificate. comply with the provisions of Clause 3, Article 5 of Circular No. 23/2014 / TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment on regulations on certificates of land use rights and house ownership. and other assets attached to land.

Therefore, the land parcel with many people sharing land use rights shall be handled according to the above regulations.

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