Transfer of land use rights is a transaction of great value, which will contain many risks if it is not done in accordance with the provisions of the law. Here are some things to know when transferring land use rights
Conditions for transferring land use rights
Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution with land use right according to Article 188 of the Law on land 2013:
Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
– Having a Certificate of land use rights;
– Undisputed land;
– The land use right is not distrained to secure judgment enforcement;
– During the land use term.
In addition to the above conditions, when exercising the rights to exchange, transfer, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights or contribute capital with land use rights must also fully satisfy the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of this Law on land 2013.
The exchange, transfer, lease, sublease, inheritance, donation, mortgage of land use rights, capital contribution with land use rights must be registered at the land registration agency and take effect. from the time of registration in the cadastral book.
Notarization of land use right transfer contract
Contracts for transfer and ownership of houses and properties attached to land must be notarized or authenticated, except for real estate business such as lease or lease contracts. return of land use rights, land use rights and land-attached assets, contracts for conversion of agricultural land use rights; A notarized contract for the transfer of land use rights, land use rights and assets attached to land, properties attached to land, which one party or the parties to the transaction is a real estate business organization or authenticate at the request of the parties.
About the agency competent to notarize the transfer contract:
The Notary Public or Notary Office within the province/city where the real estate is located has the authority to notarize contracts for transfer of land use rights, ownership of houses and assets attached to land.
About the procedures of notarization of the transfer contract:
(i) The person requesting notarization shall submit a document requesting notarization of the property contract at a notary practice organization in the province where the land is located.
(ii) The notary shall directly receive and examine the notarization requester’s dossier.
– If the notarization requester has drafted the Contract himself, then submit that document to the Notary. The notary will check the accuracy and legitimacy of the document. If the document meets the requirements, the Notary will guide the parties to sign. In case the document does not meet the requirements, the notary will supplement and amend it. When meeting the requirements, the notary will schedule a time to sign the document;
– In case the notarization requester has not yet drafted the document, the notary public shall prepare the document and schedule a time for signing.
(iii) The notary explains the legal rights, obligations and consequences of the parties to the Contract;
(iv) If the notarization requester agrees to all contents stated in the contract, the notary public shall check the civil act capacity of the notarization requester and guide the parties to the contract to sign and point into the Contracts in front of the Notary;
(v) The Notary transfers the Legal Specialist to prepare the testimony and the Notary to sign the Contract and the Testimony;
(vi) The notary will transfer the file to the clerical department to seal, obtain the notary number, collect notary fees, remuneration and other expenses as prescribed, return the file and store the notarized file.
About the composition of the application for notarization:
(i) A notarization request form, containing information about the full name and address of the notarization requester, contents to be notarized, and a list of enclosed papers; name of notarial practice organization, full name of person receiving notarization request dossier, time of receiving dossier;
(ii) Draft contract, transaction;
(iii) A copy of the identity document of the notarization requester, including the identity card/citizen identification/passport, household registration book;
(iv) A copy of the certificate of ownership, right to use or a copy of a substitute paper prescribed by law for a property that is required by law to register ownership or use right in case contracts, transactions related to that property;
– Depending on the marital status of the notarization requester, the marriage registration certificate shall be provided; certificate of marital status; divorce decision; written commitment on marital status or marriage registration declaration at the commune-level People’s Committee where the marriage is registered.
– Papers proving the origin of separate property: Will, written declaration, agreement on division of inheritance, donation contract, written commitment on property, written agreement on division of common property.
Copy of dossier is a photocopies, prints or typed copies with complete and exact content as the originals and does not have to be notarized.
Procedures for transferring land use rights on the Certificate of land use rights
About the competent authority: Land registration office / Branch of district land office or Department of Natural Resources and Environment where the real estate is located, requesting the transfer of the land use right certificate.
About the procedure:
(i) The land user/authorized person submits 01 (One) set of documents at the land registration office;
(ii) The land user/authorized person receives the receipt of the application and the appointment to return the result (The content includes the time to receive the tax notice);
(iii) Land user/authorized person to tax office to receive tax notice and pay tax;
(iv) The land user/authorized person brings the tax payment receipt to the land registration office to receive the result.
About the composition of the application for registration of land change: ID card of all subjects (Notarized copy); Household book (Notarized copy); Marriage certificate/Certificate of marital status (Notarized copy); Certificates of land use rights; Contract for transfer of land use rights; Power of attorney to carry out the procedure; ID card of the authorized person (Notarized copy); Personal income tax return; Registration fee declaration; Receipt or non-agricultural land tax return; Diagram of the entrance to the land plot; Declaration of registration of land change.
This is the article advising on “Some issues about transfer of land use rights” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
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