5/12 has not applied the regulation of registering family members' names in the red book

On the afternoon of December 1, at the regular Government press conference, Minister of Natural Resources and Environment Tran Hong Ha said that due to the regulations on recording family members' names in the red book (Clause 5, Article 6 of Circular 33) still having many different opinions, it has not been implemented on December 5.

“We will postpone the effect of Clause 5, Article 6 of Circular 33, carry out communication work to make people aware of the benefits, as well as ensure legal bases when problems arise,” Minister Tran Hong Ha explained.

According to Minister Tran Hong Ha, the Ministry of Natural Resources and Environment has also worked with the Department of Inspection of Legal Documents (Ministry of Justice) to agree to postpone the effective date of Clause 5, Article 6 of Circular 33.

Minister of Natural Resources and Environment Tran Hong Ha said that the Civil Code no longer has the concept of a household. Over time, it is necessary to more clearly define the rights of each individual regarding land and common property.

“Currently, disputes over land use rights within households when carrying out transactions related to land use rights are extremely painful. Many family disputes have occurred, as well as dealing with bad debt issues of banks, the court cannot auction them off,” Mr. Ha emphasized.

Minister of Natural Resources and Environment Tran Hong Ha.

During the implementation of the Land Law, the Ministry reported to the Prime Minister and the Prime Minister directed the Ministry of Natural Resources to promptly issue a circular providing specific guidance on the provisions of the Land Law and the Civil Code.

According to the Minister, during the process of drafting the circular, the Ministry determined that this was an extremely complicated issue and followed the correct procedures. “The drafting process was extremely careful. The Ministry sought opinions from relevant ministries, branches, and localities and held many conferences and seminars on this issue,” Mr. Ha affirmed.

The head of the Ministry of Natural Resources and Environment explained that in fact, Circular 33 only regulates one of the 16 cases of ownership recorded in the red book. This is only a technical guide on how to record the case of households using common land according to the Land Law, basically to resolve cases that arose before the 2013 Land Law.

According to the 2013 Land Law, if granted to a household, all members of the household must be fully recorded. Circular 33 does not replace Circular 23, but only amends one article of Circular 23, in which the subjects are households using land.

Accordingly, the regulations for transitional cases, before the 2013 Land Law, were completely voluntary for households. “Circular 33 did not clarify this issue,” said Minister Tran Hong Ha.

The Commander of the Natural Resources and Environment sector also emphasized that when everyone has a unified understanding, and the Ministry anticipates problems arising during the implementation process, a document covering both Circulars 23 and 33 will be issued.

Circular 33/2017/TT-BTNMT of the Ministry of Natural Resources and Environment, effective from December 5, amends and supplements Point c, Clause 1, Article 5 in the direction that households using land shall write "household, including Mr./Mrs.", then write the full name, year of birth, name and ID number of the head of household; permanent address of the household.

In case the head of the household does not have the right to use the common land of the household, the representative must be another member of the household who has the common right to use the land of the household.

The next line states “shared land use, shared ownership of property attached to land (or shared land use or shared property ownership) with… (write in turn the full name, year of birth, name and ID number of the remaining members of the household sharing land use rights, ownership of property attached to land).

Thus, compared with the old regulations, Circular 33 has added the subject "remaining members of the household sharing land use rights and ownership of assets attached to land".

According to Dantri