Using an identity card when buying a house, what to do when selling the house using a citizen identification card?
Many people have switched from 9-digit identity cards (ID cards) to Citizen identification cards, but on the red book, the pink book, it is recording the old ID card number. So, before selling a house, what does the property owner need to do to be able to trade?
Currently, when notarizing the real estate sale and purchase contract, it is necessary to present relevant documents such as certificate of marital status, marriage registration certificate, ID card/citizen identification card, etc. However, many people have problems because the identity card number on real estate documents (red book, pink book) is different from the current identity card number, leading to the Notary Office refusing to notarize the real estate sale and purchase contract, the process of housing name transfer is interrupted.
The most common case is that the current ID card number is different from the ID card number on real estate documents, which is very common today. Because many localities switched from 9-digit ID cards to 12-digit ID cards, 12-digit ID cards to citizen identification cards, 9-digit ID cards to citizen identification cards.
How to deal with real estate transactions when the red book records the old ID card number.
In this regard, lawyer Mai Thao, Head of the Civil Department, TAT Law Firm advised as follows:
From January 1, 2020, the issuance of a citizen identification card will be replaced for the current ID card issuance. Accordingly, the previously issued 9-digit and 12-digit ID cards are still valid until the end of 15 years from the date of issuance. Upon request, it can be switched to a citizen identification card. Therefore, there are many cases that a person still has the above two types of documents, especially for real estate transactions when the property owner’s papers still display the seller's old ID number. This is a fairly common case for real estate transactions between individuals, making the participants in the transaction confused.
Here are 2 ways to identify a house seller having an ID card and a citizen identification card that both belong to one person:
Method 1: Use ID that is cut in the corner together with Citizen identification when making transactions
According to the provisions of Circular 07/2016/TT-BCA dated February 1, 2016, and Circular No. 40/2019/TT-BCA dated October 1, 2019, amending and supplementing some articles of Circular 07/2016/TT- BCA, in the past, when switching from a 9-digit ID card to a citizen identification card, in case the ID card is still legible (regarding the photo, the card number, and the letters), it will be cut the top right corner of the ID card’s front with 2cm on each side of the corner, recorded in the file and gave back to the person who comes for the procedures.
However, from November 18, 2019, while waiting for the issuance of a citizen identification card, the ID card will not be cut its corner but will be used for this time (Clause 4, Article 1 of Circular 40/2019/TT-BCA).
Instead, when returning the citizen identification card, the officer receiving the documents asks the citizen to submit the appointment note for collecting the card together with the ID card and then proceeds to cut the corner of the ID card before returning it to the person who comes to receive the citizen identification card.
Except for the case that citizens request to return the identification card by post, they will cut the corner of the ID card immediately after receiving the application.
Thus, the ID card that is cut at the corner will no longer have legal validity but is used to prove the 9-digit ID if the citizen has switched to a Citizen identification while performing real estate transactions or other transactions, etc.
Method 2: Using the Certificate of ID Number
Also from November 18, 2019, all cases of switching from a 9-digit ID card to a citizen identification card will be issued with a Certificate of ID number. Previously, citizens who requested to issue a Certificate of ID number when switching to a citizen identification card had to fill in "Yes" in section 22 of the Citizen Identification Form, now it is no longer needed (Template of Citizen Identification Form has been changed since November 18, 2019, under Circular 41/2019/TT-BCA). Accordingly, the Certificate of ID number is returned to the citizen along with the citizen identification card.
Thus, in addition to using the ID card which was cut in the corner, people can also use the Certificate of ID number to prove the old ID card and the citizen identification card that both belong to one person.
Currently, the legal documents related to land only provide for correction (when there is an error in information) but there is no specific regulation on whether to adjust the information on the certificate of land use right when there is a change from an ID card to a citizen identification card, so there will be two cases:
Case 1: Performing the transfer transaction without adjusting the information on the land use right certificate. In this case, citizens only need to use one of the documents mentioned in method 1 or 2 to sign the transfer transaction and carry out the procedures for registration of land changes.
Case 2: Adjusting information on the land use right certificate. Accordingly, people will use the documents in method 1 or method 2 to carry out procedures for adjusting (or correcting) personal information recorded on the land use right certificate (change from ID number to citizen identification number). Proceeding to sign the transfer transaction after the adjustment is complete, and carrying out the procedures for registration of land changes.
Thus, because the law has not yet made any specific amendment, one of the two cases mentioned above may occur. Therefore, before carrying out the transaction, people need to contact the Land and Housing Registration Office of the district where the land is located to determine if they need to carry out the adjustment procedure on the certification of land use rights or not to follow.
By: Online Dan Viet Newspaper/ Translator: Viet Nguyen-Bizic
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