(Chinhphu.vn) – Ms. Nguyen Thi Kim Ngoc is a land registration officer. In the process of settling the application file for transfer of land use right, she checked that there was an application to prevent the transfer of land use right together with a petition certificate

Ms. Ngoc would like to ask, is this enough to prevent a deal ofland use right transfer?.

Lawyer Tran Van Toan, Khanh Hung Lawyer’s Office - Hanoi Bar Association answered Ms. Nguyen Thi Kim Ngoc as follows:

Article 164 of the 2015 Civil Code stipulates, Each owner or holder of other property-related rights is entitled to self-protect and prevent anyone from infringing his/her rights by measures in accordance with regulations of law.

 Each owner or holder of other property-related rights shall have the right to request a court or another competent authority to compel the person infringing upon their rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or other property-related rights, and to request compensation for any damage.

According to Clause 2, Article 111 and Clause 7, Clause 8, Article 114 of the 2015 Civil Procedure Code,The prohibition of the transfer of property rights to disputed assets is applied if, in the course of the case, there is evidence that the person who is possessing or holding the disputed property has the act of transferring property rights. production for disputed properties for others.

In the process of resolving the case, the litigant and the legal representative of the litigant have the right to request the Court that is resolving the case to apply one or more interim urgent measures to temporarily resolve the request. pressing of the litigants, protecting evidence, preserving the current situation to avoid irreparable damage or ensure the judgment execution.

In case of emergency situation, it is necessary to immediately protect the evidence, prevent serious consequences that may occur, individuals, agencies and organizations have the right to file an application requesting the Court to have decision-making authority. apply temporary emergency measures to prohibit the transfer of property rights, prohibit the change in the current state of properties for disputed properties and submit petitions to such courts.

According to the above provisions, the Court is the competent authority to issue a decision to apply temporary emergency measures to prohibit the transfer of property rights, prohibit the change of the current state of assets for disputed assets. If the litigant requests to prevent the transfer of land use rights in dispute, he / she must file an application requesting the Court to issue a decision to apply the provisional emergency measures simultaneously with the filing of a petition to the Court there.

In case Ms. Nguyen Thi Kim Ngoc reflects that the Land Registration Office is handling a dossier of transfer of land use right, the application of another person proposes to stop the transfer transaction, accompanied by a receipt of the petition of the Court, but do not see if the case has been accepted by the Court, because according to the provisions of Clause 3 Article 195 of the Civil Procedure Code, only after the petitioner makes an advance payment of court fees and pays in the case of collecting court fee advances, the new cases will be accepted by judges.

In addition there is no further information showing that the Court has issued a decision to impose a temporary emergency measure banning property rights over disputed assets, specifically preventing the transfer of Land use right related to petition.

Clause 3, Article 5 of the 2014 Notary Law stipulating, notarized contracts and transactions with evidence value; The facts and events in the contract, notarized transactions are not required to be proved, unless the case is declared invalid by the Court.

Thus, a notarized land use right contract is a legal basis for the transferee to request the Land Registration Office to register the land use right.

In case when the Land Registration Office is accepting and settling dossiers of transfer of land use right, an application of another person proposing to stop the transfer transaction shall be accompanied by a receipt of the petition of the Court. Having sufficient legal basis to suspend the registration of transfer of rights under the notarized land use right contract, the Office of Land Registration needs a written request to have an application for blocking transaction, within 30 day from the date of presenting additional papers to determine whether the Court is accepting and resolving disputes related to the registered land transfer, such as: Copy of the advance payment of court fee, notice of the receipt case, decision of the Court to apply temporary emergency measures to ban the transfer of land use rights in dispute (According to the provisions of the Civil Procedure Code, the time is 30 days enough to carry out the above procedures).

After the deadline of 30-day, the person who has the application to stop the transfer transaction cannot provide documents to determine that the Court is accepting the dispute settlement for the land lot being registered for transfer; The Court did not issue a decision to apply temporary emergency measures to prohibit the transfer of land use rights for land lots being registered for transfer, to ensure the legal rights of the land use right transferee and avoid the consequences of the delay in tax declaration, the Land Registration Office is responsible for continuing to resolve the application file for the transfer of land use rights to the transferee under a notarized land use right contract.

Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office – the Hanoi Bar Association