The red book has the whole family's name on it: Does the father have to ask his children's permission to sell the house?

Parents selling a house must have their children's consent in the case of transferring land use rights granted to a household, of which the child is a member. Circular 33/2017 has added the subject of 'remaining members of the household sharing land use rights' to the red book.

Is it difficult to buy, sell or transfer?

Circular 33/2017 has added the subject of “remaining members of the household sharing land use rights” to the red book. This is one of the new points to eliminate the situation where the person whose name is on the land use right certificate (red book) has transferred the land use right to another person, then the other members of the family do not agree, leading to disputes; limiting the situation of fraud in the transfer of land use rights.

Immediately after this information was published, there were many conflicting opinions. Mr. Nguyen Ngoc Quynh, director of a real estate trading floor, was concerned that this would cause many complicated problems when conducting real estate transactions. Many cases would take advantage to cause difficulties.

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Mr. Quynh cited many cases of buying service land without a red book. When receiving the land and making the red book, the old owner had to be contacted. Many old owners "turned their backs", demanding higher prices or had to ask for intervention to resolve the issue.

"The property of deceased parents will be inherited by their children, so their names should not be recorded in the red book. Adding other members will only create more complicated and troublesome procedures and limit the parents' rights to use it," said Mr. Quynh.

However, supporting the above regulation, Mr. Nguyen Thanh Nam (Hoang Mai district, Hanoi) said that recording the names of family members in the red book ensures fairness for family members. There are many cases of arbitrarily selling houses, causing many long-lasting disputes and lawsuits.

“Those who have the right to use land/property ownership will all have their names on the Certificate, not just the representative. This increases the legality, reduces disputes or lawsuits when transferring land use rights when many family members are the users,” said Mr. Nam.

However, what Mr. Nam is worried about is whether the previously made red books, which are only in the name of one person in the family, are required to be changed to new books according to the regulations of the new Circular?

Only applicable to household land allocation

Regarding this issue, lawyer Tran Vi Thoai, Director of IB Legal Vietnam, explained that the regulation only applies to the transfer of land use rights granted to households of which children are members. This case is different from granting land to individuals.

"Land granted to households is granted to many people, who are members of the household. These members use the land together, so they have equal rights. It should be noted that this amended and supplemented regulation does not change the regime on land use by households," said Mr. Thoai.

New regulations on making red books

This regulation is only intended to clarify and record who are the subjects who jointly use land and jointly own property in order to protect their legitimate rights and interests. Such recognition also creates more favorable conditions for households when establishing transactions related to land use rights because there is no need to carry out procedures to prove that those in the household are entitled to jointly use land and jointly own property.

According to Mr. Thoai, people have often confused between households (land use) and household registration books. It is possible that members of a household using land do not share the same household registration book and vice versa, individuals sharing the same household registration book are not necessarily members of a household using land, so the new regulation in Circular 33/2017 will clarify this issue, avoiding confusion as people previously thought.

Land use rights granted to households are the common property of that household, so it is reasonable to record the names of all members with the same land use rights in the land use rights certificate.

Responding to the press, Professor Dang Hung Vo said that if we want to eliminate fraud, we must strictly manage records and open the door wide so that people can have their questions answered, not write "complicated" additions to the red book in the hope of eliminating fraudulent cases.

According to Vietnamnet