Reply:

1. How are houses and assets on land regulated?

Pursuant to Article 104 of the Land Law 2013, the term assets attached to land is explained when issuing Certificates for houses attached to land in use as follows:

Accordingly, assets attached to land are granted Land Use Rights Certificates, ownership of houses and other assets attached to land include:

- Non-agricultural land:

+ Housing.

+ Other construction works.

- Agricultural land:

+ Production forests are planted forests.

+ Perennial trees existing at the time of granting the Certificate of land use rights, ownership of houses and other assets attached to land.

The issuance of Certificates of Land Use Rights and ownership of houses and other assets attached to land for assets attached to land is carried out in accordance with the Government's regulations.

In addition, Clause 1, Article 107 of the 2015 Civil Code also lists real estate including types of assets such as: Land; houses and construction works attached to land; Other assets attached to land, houses, construction works; Other assets as prescribed by law.

2. What types of documents are used to prove home ownership?

Pursuant to Clause 1, Article 31 of Decree 43/2014/ND-CP (amended by Decree 148/2020/ND-CP) stipulates that domestic households and individuals can use one of the following types of documents to certify housing ownership includes:

(1) House construction permit or house construction permit with a limited term in cases where a construction permit must be applied for according to the provisions of construction law.

In case the house was built not in accordance with the issued construction permit, there must be a written opinion from the agency competent to grant construction permits confirming that the area built in contravention of the permit does not affect safety. The project is now in accordance with the construction planning approved by the competent authority;

(2) State-owned housing purchase and sale contracts according to the provisions of Decree 61-CP of 1994 dated July 5, 1994 of the Government on housing purchase, sale and business or documents on liquidation and consolidation. State-owned housing prices before July 5, 1994.

(3) Documents on handing over or donating gratitude houses, charity houses, and great solidarity houses;

(4) Documents on housing ownership issued by competent authorities during periods when such housing and land are not subject to the State's establishment of ownership by the entire people according to the provisions of Resolution 23/2003/QH11 of 2003 on Real estate managed and arranged for use by the State during the implementation of real estate management policies and socialist renovation policies before July 1, 1991, Resolution 755/2005/NQ -UBTVQH11 stipulates the resolution of a number of specific cases related to real estate during the implementation of real estate management policies and socialist renovation policies before July 1, 1991;

(5) Documents on buying, selling, receiving as a gift, exchanging or inheriting housing have been certified by a notary public or authenticated by a competent People's Committee according to the provisions of law.

In case of housing purchased, donated, exchanged, or inherited since July 1, 2006, there must be a document on that transaction according to the provisions of housing law.

In case the house is purchased from a construction investment enterprise for sale, there must be a house sale contract signed by both parties;

(6) Judgments or decisions of the People's Court or documents of competent state agencies that resolve housing ownership rights have legal effect;

(7) In case the above documents contain another person's name, there must be one of the documents on purchase, sale, donation, exchange, or inheritance of housing before July 1, 2006 signed by the parties involved. and must be confirmed by the Commune People's Committee.

In case of housing purchased, donated, exchanged, or inherited before July 1, 2006 without signed documents of purchase, donation, exchange, or inheritance of relevant parties must be confirmed by the Commune People's Committee on the time of purchase, donation, exchange, or inheritance of that house.

In case the applicant's current housing condition does not match the documents, the portion of the housing that does not comply with the documents must be confirmed by the Commune People's Committee.

(8) In case a domestic individual does not have one of the above documents, there must be a document certifying the commune-level People's Committee on housing completed before July 1, 2006, and built before planning. land use, construction planning or must be in accordance with planning in case of construction after having land use planning, detailed urban construction planning, rural residential area planning according to the provisions of law. the law.

In case the house is completed from July 1, 2006 onwards, there must be a document certifying that the house is not subject to a construction permit and meets the regulatory conditions from the commune-level People's Committee. planning as in the case of housing built before July 1, 2006.

In case a house is subject to a construction permit without a permit, there must be documents from the district-level construction management agency approving the existence of that house.

3. Procedures for registering home ownership

* Prepare documents to register home ownership

- Application for registration and issuance of Certificate of Land Use Rights, ownership of housing and other assets attached to land according to Form No. 04a/DK.

- 09 types of documents proving the creation and transfer of assets such as houses in Article 31 of Decree 43/2014/ND-CP. For types of assets on land such as non-residential buildings and crops, according to Articles 32, 33, 34 of Decree 43/2014/ND-CP.

- Diagram of assets attached to land.

- Red book issued.

- Documents of fulfillment of financial obligations; documents related to the exemption or reduction of financial obligations regarding assets attached to land (if any);

- Written approval of the land user agreeing to build the project that has been notarized or authenticated according to the provisions of law and a copy of land use rights documents according to the provisions of land law in the case of The owner of the project is not also the land user.

* Procedures for registering home ownership

- Competent authority to review documents:

+ At district level: Submit documents at the Land Registration Office Branch.

+ At the commune level: Submit documents to the Commune People's Committee (commune, ward, town)..

- Execution time:

+ No more than 15 days, especially for mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions, the implementation time can be increased by 15 days.

+ Time is calculated from the date of receipt of valid documents; does not include the time to fulfill the financial obligations of the land user, the time to consider and handle cases of land use that violates the law, and the time to request an appraisal.