According to the experience of many real estate websites, there are several ways to check whether a land title certificate is genuine or fake when buying or selling a house or land. Among them, the following two methods are common:
Method 1: Verify the information and details on the land title certificate yourself.
According to Circular 23/2014/TT-BTNMT, buyers can verify the authenticity of a land title certificate based on the barcode printed at the bottom of page 4.
Barcodes - MV are used to manage and retrieve information about Certificates and Certificate issuance records.
According to Clause 2, Article 15 of Circular 23/2014/TT-BTNMT, the barcode has the structure MV = MX.MN.ST, in which:
MX is the code for the administrative unit at the commune/ward/township level where the land is located. First, you should compare the administrative unit code of the commune, ward, or town where the land is located with the code on the Certificate of Land Use Rights.
Note: In cases where the Provincial People's Committee issues the Certificate to an organization, the code of the province or centrally-governed city should be added before the code of the commune, ward, or town managing the land area (In this case, the barcode on the certificate will have 15 digits; in other cases, the barcode will have 13 digits on page 4).
MN is the code for the year the certificate was issued, consisting of the last two digits of the year of issuance. For example, 21 means the certificate was issued in 2021.
ST is the sequential storage number of the land registration procedure file corresponding to the Certificate of Land Use Rights issued for the first time, as stipulated in the land cadastral records regulations of the Ministry of Natural Resources and Environment .
The provisions regarding barcodes in certificates, as stipulated in Circular 17/2009/TT-BTNMT effective from December 10, 2009, have been amended and replaced in Circular 23/2014/ND-CP.
Point C, Clause 9, Article 6 and Clause 8, Article 7 of Circular 23/2014/ND-CP state that "Land use right certificates shall be recorded with the same serial number in the land registration procedure file" in cases where a registration file has to be filled out on multiple certificates due to its lengthy content.
From this, it can be seen that land use right certificates may share a common barcode, but they cannot be without one. Therefore, if a land title certificate does not have a barcode, it is highly likely to be fake.
Buyers should verify the information at land offices for the most accurate results, as this method of checking for authenticity is only a quick check and its accuracy is not high.
You need to check the barcode to verify whether the land ownership certificate is genuine or fake. (Illustrative image)
Check the serial number.
To determine if a land title certificate is genuine or fake, buyers need to carefully examine areas that are often altered or erased, such as the certificate number, land type, registration number, form of use, validity period, area, and map. If the certificate has supplementary pages, check if these pages include a seal, if the printing method is offset printing, and if any information on the page has been altered or erased.
If the land title has been mortgaged multiple times, it is necessary to check the seal and signature of the Department of Natural Resources and Environment or the land office.
Check the seal and signature.
In reality, some counterfeit land ownership certificates have inconsistent information regarding the seal and signature. For example, the title listed might indicate that the signature is on behalf of the Chairman of the People's Committee, but the seal itself reads "Chairman." Therefore, if you see this sign, it could be a fake certificate.
However, it should be noted that, since this is a visual inspection method, the accuracy rate is not high. Therefore, those who need to check their land certificate should verify the information at the Land Registration Office.
Method 2: Check at the certificate-issuing authority - as recorded in the land title deed.
For localities that already have a land registration office, the Department of Natural Resources and Environment issues the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land.
For localities that have not yet established a Land Registration Office: The Department of Natural Resources and Environment issues Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land to organizations, religious establishments; Vietnamese residing abroad implementing investment projects; foreign organizations and individuals; and enterprises with foreign investment capital.
The People's Committee at the district, town, or city level under the provincial authority issues Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land to households, individuals, residential communities, and Vietnamese people residing abroad who own houses attached to land use rights in Vietnam.
Buyers can use the above legal basis to verify the authenticity of the land title deed for the plot they intend to purchase.
Other things to note before signing a land purchase agreement.
To avoid potential risks, several points should be considered before signing a land purchase agreement:
The correct names for real estate purchase and sale contracts: According to the Civil Code and Commercial Law, the name of the contract is usually associated with the main subject matter of the contract; this part is often overlooked.
Information about the parties involved in the real estate purchase and sale contract: The real estate purchase and sale contract template must include complete information about the full name, year of birth, ID card/Citizen ID number, or passport number, place of issue, date of issue, and residential address.
If acting as the legal representative for a group, the real estate purchase and sale contract template must include the name, address, business registration number, business registration certificate, business establishment certificate (if applicable), and information about the representative signing the contract.
Property information in a real estate purchase contract: Property information must be clearly stated in the real estate purchase contract template, such as information about the area, specific location, etc.
Regarding the terms related to the value of a real estate purchase contract: Buyers should pay attention to details such as the total amount, the currency of payment, and whether this amount is fixed or not.
Rights and obligations of the parties involved
Buying and selling real estate is a complex process with many risks. Therefore, you must be extremely careful and pay attention to every detail when buying or selling land. If you lack experience in this matter, buyers should seek assistance from a lawyer, a reputable law firm, or an experienced and trustworthy real estate agent.
PHAM DUY (compiled)
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