The Ho Chi Minh City Department of Natural Resources and Environment (TN-MT) recently chaired a meeting with various departments, districts, and communes to discuss solutions for resolving issues related to the issuance of land use right certificates, house ownership certificates, and certificates for other assets attached to land (GCN) for cases involving informal handwritten sales agreements (effective from July 1, 2004, for land and from July 1, 2006, for houses).
Conflict between old and new laws.
According to the Ho Chi Minh City People's Committee, in the aforementioned cases, if there are no disputes and the land is in accordance with the planning regulations, the issuance of land use certificates will be considered. Simultaneously, those who illegally purchased the land will be required to pay the financial penalty, and the case will be submitted to the City People's Committee for consideration. The issuance of land use certificates must be publicly posted to avoid disputes and complaints.
Representatives from the Ho Chi Minh City Land Registration Office stated that Article 50 of the current Land Law only considers granting land use right certificates for transactions conducted via handwritten agreements before June 1, 2004, and does not address how to handle cases after that date. Furthermore, Decree 105/2009 on administrative penalties in the field of land stipulates fines of 200,000 to 10 million VND for transferring land and houses in violation of the law; requiring the restoration of the land's original condition and the return of the transferred land area… but does not include any measures for granting land use right certificates.
However, Article 100 of the 2013 Land Law stipulates that a person currently using land who possesses one of the prescribed documents bearing another person's name, along with a document transferring land use rights signed by the relevant parties, but who had not completed the land use rights transfer procedure before the law came into effect (July 1, 2014) and whose land is not subject to disputes, is entitled to a land use certificate and is not required to pay land use fees. However, the new law has not yet come into effect and there are no guiding documents.
According to the Ho Chi Minh City Land Registration Office, there are currently 123,000 applications that do not meet the requirements for initial land use right certificate issuance. Of these, approximately 28% involve cases of buying and selling land and houses with handwritten documents.
The buyer is responsible for the transfer tax.
Mr. Nguyen Hoai Nam, Deputy Director of the Department of Natural Resources and Environment of Ho Chi Minh City, believes that people with low incomes should be understanding of having to accept buying and selling land and houses with handwritten documents at low prices. According to him, this is a legitimate need, and conditions should be created to help them legalize their assets.
Moreover, the fault doesn't lie entirely with the people, as the legal policies and state management are weak and outdated. Resettlement projects like An Suong (District 12) and 67/6 Tran Ke Xuong (Binh Thanh District)... have been pending for over 10 years without land use certificates, while most of the resettlement plots have been transferred by residents. However, according to the directives of the Ho Chi Minh City People's Committee, only cases involving existing housing will be considered, not those involving land sales.
According to Mr. Nam, it is necessary to classify cases of buying and selling land with handwritten documents in order to handle them appropriately: buying and selling agricultural land that was converted to other uses after July 1, 2004; people who already owned a house but resold it after July 1, 2004; houses and land that already have ownership certificates but are still bought and sold with handwritten documents; and buying and selling resettlement entitlements after July 1, 2004. Those who were granted land use certificates should also be fined for violating the law.
Representatives from the Ho Chi Minh City Tax Department stated that once the Department of Natural Resources and Environment transfers the documents, the tax authorities will provide guidance on calculating financial obligations in this case, ensuring that the buyer bears the transfer tax instead of the seller. Mr. Doan Thanh, Deputy Director of the Ho Chi Minh City Land Use Rights Registration Office, proposed that, in addition to penalizing transactions that do not comply with regulations, the time for calculating financial obligations for handwritten land use right transactions should be the current date of application for a land use right certificate, to avoid comparisons with those who have complied with the law and conducted transactions correctly in the past.
Representatives from districts and counties proposed extending the deadline for cases of buying and selling land and houses with handwritten documents to be granted certificates of ownership until before May 1, 2009 - the date when Decree 23 (on administrative penalties for violations in construction and real estate business activities) came into effect - instead of before July 1, 2006, as directed by the Ho Chi Minh City People's Committee.
Source: https://nld.com.vn/thoi-su-trong-nuoc/go-roi-nha-dat-mua-ban-giay-tay-20140121225347498.htm
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