Judicial body that is not wrong, but jobs on the local government banned because of concerns the compensation and resettlement difficult.
May 6-2014, Mr Binh Quoi Street H. (P.28, Binh Thanh District) procedures 1/3 value of the house sale to her and her brother T .. home sales contract was notarized not stated Mr. H. sale at any location, the area is.
For then stops
After buying the house, Mrs. T. registration procedures at the registration office for land use rights Binh Thanh District in the form of buyers and sellers together in the name on the certificate of land use rights, house ownership housing and other assets attached to land (title).
Binh Thanh District People's Committee resolved to register for her and her brother T.-signers on the title. But notarized contract and the title does not clearly show he sold to Mrs. T. H. what part of his family but then the vendor H. new owner is the motel room next to the house.
Mr. H. sale time, Thanh Da peninsula entire project is being "hung", people not resolved separate parcels of land. Mr. H. wants to sell part of the house, but not separate parcel of land should be sold as aforesaid.
The purchases completed registration, the name on the title to Mr H. and second home buyers.
Binh Thanh District People's Committee has consulted the Department of Justice and was told that the transfer of part of the value of land use rights such as legal.
This is a form of common ownership by shares, under the provisions of the Civil Code, the assignor does not aim to split the parcel should not necessarily determine the location and boundaries of land plots of each party.
However, until December 6-2015 Registration Office Binh Thanh land use rights registration discontinued solve common names for other cases after transferring part of the value of land use similar to his H..
Some people in Thanh Da miss contracted partial transfer of land use rights to cancel the contract.
According to Binh Thanh District People's Committee, the current law does not contain provisions on the transfer of part of the value of land use rights.
Moreover, the administrative procedures in the field of land was no change registration procedures for households and individuals to transfer part of land use rights to others, so that buyers and sellers together in the name General on the title to a parcel of land without separating.
Pushed hard for the people?
According to the People's Committee of Binh Thanh District, Thanh Da district is currently in the stage of inventory, prepare project implementation.
If a property settlement for many households and individuals named on a parcel of land will greatly affect the compensation and resettlement later (State resettlement worry for all households families and individuals named on the title).
Mr. Nguyen Van Binh, deputy chairman of P.28, said the clearance compensation, the government is only based on the title.
The transferee of land or house and land purchase paper hand will reach an agreement with the landlord, the landlord is legally not State policy addressing compensation and resettlement.
Hoang Manh Thang Notaries, Notary growth of 7 HCM City, said that the excuse is no procedure to refuse to register a civil legal transactions of the people is not legitimate.
The law does not forbid people to implement this transaction and the many signers on a title is completely legal. This is a form of common ownership by shares was the Civil Code provisions, does not depend on whether there are procedures to guide the implementation or not.
One of the common ownership by shares may sell part of its property is not dependent on the co-owners may agree or not, co-owners have priority right to purchase within three months.
In this case, the State wants to find ways to manage the population register. As for State compensation for site clearance for the project is the State, not as easy to compensate for that restriction of civil rights of the people.
* Pham Ngoc Lien (Director of the Office of City land registration):
Should seek to resolve the people
Current regulations allow multiple people named in a title. Where in Thanh Da, people do not have the right to split the parcel of land due to planning and specific set of conditions that people have restricted rights on the land for many years.
While the State still full of people selling land plots for many people (many of the same names on the title), but not for people transferring part of the parcel to both names?
This is a legitimate demand of the people, the authorities have sought to remove the people selling land plots partially solve the family's livelihood.