There are still shortcomings in certifying ownership of assets attached to land.

Registration for granting certificates of land use rights and ownership of assets attached to land still has some problems and shortcomings that the draft Land Law (amended) has not yet amended or supplemented.

The draft Land Law (amended) has basically solved the problems arising from practice, in line with the development trend such as the proposal to issue a new land price list every year, the proposal to carry out administrative procedures on land online, the proposal for the family "red book" to show the names of all members... However, the registration of land use rights certificates and ownership of assets attached to land still has some problems and inadequacies that the draft Land Law (amended) has not amended or supplemented, including the certification of ownership of assets attached to land.

According to the Draft Law on Land (amended), land registration is mandatory for land users and those assigned land for management, while registration of ownership of houses and other assets attached to land is carried out at the request of the owner. Thus, for land, land users must be responsible for registration, while assets attached to land can be registered or not (depending on the owner's will). This provision has caused many obstacles and difficulties in the implementation of civil and commercial transactions on land. Accordingly, when performing transactions on the transfer of land use rights with houses but the houses have not registered ownership, the notarized contract can only notarize the land part, not notarize the house part or other assets attached to land in the transaction, even though the transaction includes both.

In fact, there have been cases of disputes arising from the content of "selling land without selling houses", causing difficulties for authorities and courts in resolving disputes. The above provisions also make it difficult to determine the assets between parents and children, between husband and wife in cases of resolving disputes over inheritance division, division of assets such as land use rights, assets attached to land. When a couple divorces, the assets in those relationships have only established legal rights to use land, but the ownership of houses and construction works has not been registered because the law does not stipulate this as a mandatory requirement.

Based on the above reality, the draft Land Law (amended) needs to be amended in the direction that when there is property attached to land such as houses, construction works and other properties attached to land, the owner must register with the competent state agency. Along with that, it is necessary to provide additional regulations on the process and procedures for registering ownership of properties attached to land (for land with attached properties but the property ownership has not been certified or does not meet the conditions for certifying property ownership). Such regulations will remove bottlenecks and bottlenecks in the work of granting land use right certificates, helping people and law enforcement agencies have a basis for implementation. This regulation aims to protect the rights of the transferee because the transaction value they have to pay includes both land and properties attached to the land, but the contract does not notarize the part of the property on the land that the transferor has not previously registered ownership of.

NGUYEN VAN TIEU
Director of Hai Duong Provincial Land Registration Office