Some people think that: just after transferring land-use rights, it is not necessary to change the name of the red book or when they have time.
However, Clause 6 Article 95 of 2013 Land law regulates that in case of transferring land-use rights, land users shall perform the procedures for change registration within 30 days from the date of the change. If past this time, the land user has not registered changes at the Land Registration Office, he/she will be sanctioned.
Clause 4,6 Article 95 of 2013 Land law regulates on Registration of land, houses, and other land-attached assets:
“4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:
a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;
b/ The land user or the owner of land-attached assets is allowed to change his/her name;
c/ There is a change in the shape, dimension, area, number and address of the land parcel;
d/ There is a change in land-attached assets compared with the registered contents;
e/ There is a change of land use purpose;
f/ There is a change of land use term;
g/ There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;
h/ Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;
i/ The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;
k/ There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;
l/ The limited use rights to the adjacent land parcel are established, changed or terminated;
m/ There is a change in the limitations on the rights of land users.
6. For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.”
Sanctions for the delay in registration of changes in land use rights after transfer are specified in Article 12 of Decree 102/2014/ND-CP On sanctioning of administrative violations in the field of land, regulations on Failure to register land parcels: The land user may be fined “Pecuniary penalty ranging from VND 2,000,000 to VND 5,000,000, imposed on the changes to land parcels as regulated at Point a, b, h, i, k and l Clause 4 Article 95 adopted in the Land Law but such changes have not been registered in accordance with laws.”
This is the article advising on “Sanctions for change registration after 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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