What are the rights of members whose names are in the red book?

November 23, 2017 09:41

Adding the names of family members who use the land together to the red book will ensure their benefits and reduce disputes related to land.

» The red book will record the names of family members from December 5, 2017

Circular 33/2017/TT-BTNMT of the Ministry of Natural Resources and Environment, effective from December 5, 2017, will add a case where the land use right certificate (red book) records the names of family members using the land together.

VOV.VN reporter interviewed Mr. Truong Minh Hoang, Vice Chairman of the National Assembly's Law Committee, National Assembly delegate of Ca Mau delegation about this new regulation.

Will reduce disputes, prevent corruption

PV:From December 5, 2017, the red book will have the namefamily members use land together. How do you view this addition?

Mr. Truong Minh Hoang:Adding the names of family members who use the land together to the red book is necessary and strict to prevent disputes related to land.

Because currently, the court is handling many cases related to disputes over land and property attached to land. For example, a piece of land is registered under the name of a couple but the father has passed away, the mother registered it for sale but the children submitted a petition to the court stating that they do not agree to sell and that they themselves have a share in it. Or another case where the father registered the sale but the mother did not sign and the children also did not agree to sell...

loi ich cua thanh vien trong gia dinh khi co ten trong so do nhu nao hinh 1
Mr. Truong Minh Hoang - Deputy Chairman of the National Assembly's Committee on Law.

In addition, adding the names of family members who use the land together to the red book will help solve inheritance-related issues, ensuring the interests of family members in the event of bad events such as divorce, one of the members holding the red book and mortgaging it for money...

On the other hand, the new regulation also contributes to inventorying and declaring assets of those who need to declare assets to prevent and control corruption.

Want to sell property on land must have the consent of the members

PV:Can you explain more clearly about the rights and benefits of members whose names are all on the red book when the property on the land is sold?

Mr. Truong Minh Hoang:When declaring assets, people must declare whether they were acquired before marriage or after marriage. If the assets were acquired before marriage, left by grandparents, when divided among family members, they will be based on the Will or divided according to the law.

If the property on land is to be sold while family members are still alive, it must be carefully discussed and agreed upon by all members. If one person does not agree to sell, the whole family cannot sell.

Therefore, if someone in the family wants property on the land, they must have the consent of all family members whose names are in the red book.

Must reduce costs and time of people

PV:Apart from the positive, practical aspects mentioned, do you have any concerns whenAdd names of family members sharing landintoRed bookWhat other problems can occur?

Mr. Truong Minh Hoang:When this additional regulation comes into effect, the authorities must also think about possible problems, additional procedures, time for the people, costs for the people...

In addition, when this new regulation is in place, there may be cases where someone in the family lineage requests to join the household. Although this must be approved and agreed upon by family members, the procedures related to joining the household will also be new.

Therefore, the Ministry of Natural Resources and Environment as well as relevant authorities need to have solutions to overcome the shortcomings and problems that may arise as mentioned.

PV:Thank you!./.

According to VOV

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What are the rights of members whose names are in the red book?
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