Does an individual have the right to transfer land use rights by the law? So, what are the procedures for transferring land use rights, the conditions for transferring land use rights according to the provisions of the law, and how to conduct the procedure quickly and per the provisions of the law? Lawyer X invites readers to refer to the following article:
Legal grounds
- Land Law 2013
Referring to land, one of the issues that many people are interested in is the transfer of land use rights. The following article will answer some questions related to the conditions for transferring land-use rights.
What is a land use right transfer?
Transfer of land use rights is a procedure performed by the seller and the buyer; both parties understand the process of buying, selling, and transferring land-use rights. Therefore, the transfer of land use rights takes place like normal real estate trading activities or the land user has the right to convert or transfer; donated… the right to use land.
Right to transfer land use
Individuals have the right to transfer land use rights per law; the person who has the lawful use right under the law shall transfer it to another individual. So, under Clause 1, Article 179 of the Land Law; The rights and obligations of individuals using land are regulated:
Article 179. Rights and obligations of households and individuals using land
1. Households and individuals using agricultural land allocated by the State within the limit; land allocated by the State with a collection of land use levy; leasing land with one-off rental payment for the entire lease period; land use rights recognized by the State; land receiving conversion; receive assignment; The recipients of gifts or inheritances have the following rights and obligations:
a) General rights and obligations prescribed in Articles 166 and 170 of this Law;
b) Conversion of agricultural land use rights in the same commune, ward, or township with the household; other individuals;
c) Transfer of land use rights as prescribed by law;
d) For organizations or households; other individuals; overseas Vietnamese investing in Vietnam to lease land use rights;
đ) Individuals using land have the right to inherit their land-use rights according to their will or law.
Households allocated land by the State; if a member of the household dies, that member’s land use rights shall be inherited according to the will or law.
In case the heir is an overseas Vietnamese who falls into the categories specified in Clause 1, Article 186; of this Law shall be entitled to inherit the land use rights; so, if they are not the subjects specified in Clause 1, Article 186 of this Law, they shall be entitled to the value of such inheritance;
e) Donating land use rights as prescribed at Point c, Clause 2, Article 174 of this Law; donating land use rights to households; individuals or overseas Vietnamese who fall into the categories specified in Clause 1, Article 186 of this Law;
g) Mortgage of land use rights at credit institutions licensed to operate in Vietnam; at other economic organizations or individuals as prescribed by law;
h) Contributing capital with land use rights to the organization; households and individuals; Vietnamese people residing abroad to cooperate in production and business;
i) In case the land is recovered for project implementation, they have the right to invest in the land themselves or lease the land use rights to the project investor; contribute capital with land use rights with the project investor to implement the project by the Government’s regulations.
Conditions for transferring land-use rights
According to Article 188 of the 2013 Land Law, there are provisions:
Article 188. Conditions for exercise of conversion rights; transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution by land-use rights.
1. Land users may exercise the conversion rights; transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a Certificate; except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, the land user when exercising the conversion rights; 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.
3. The conversion, transfer; lease, sublease, inheritance, donation, mortgage of land use rights, and capital contribution with land use rights must be registered at the land registration office and take effect from the time of registration in the land register. main.
Form of transfer of land use right
The notarization and authentication of contracts and documents on the exercise of rights of land users shall carry out as follows:
– Contracts for transfer, donation, mortgage, or capital contribution with land use rights, land use rights, and land-attached assets must be notarized or authenticated.
– After that, lease contracts, sublease 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 the land, assets attached to the land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties.
– Besides, documents on the inheritance of land use rights; land use rights, and properties attached to land notarized or authenticated according to the provisions of civil law.
– Then, notarization carries out at notarial practice organizations, and authentication done at commune-level People’s Committees.
Procedures for transferring land use rights
Order and procedures for transferring land use rights, including:
Step 1: The seller and the buyer go to the notary office to establish a land-use right transfer contract and this contract is notarized and authenticated.
To the notary office, you must bring land use right transfer paper, and a household registration book on both sides.
Step 2: Make a financial declaration at the Land Registration Office. Dossier for red book transfer includes:
– Registration fee declaration
– Then, the personal income tax return
– Thirdly, notarized land use right transfer contract
– Besides, certificate of land use right (red book), 01 certified copy of house ownership and property on land.
– Lastly, a certified copy of the people’s identity card and household registration book of the seller and the buyer
Step 3: Declare the application to the name, the dossier includes:
– Firstly, the seller signs an application for registration of volatility; if in case the two parties agree on the purchaser’s implementation of administrative procedures, the buyer may sign on its behalf.
– Notarized transfer contract.
– Thirdly, certificate of land use right, original ownership of house and property on land.
– Then, original certificate of land use right.
– Besides, a copy of the household registration book and people’s identity card of the transferee.
– According to the law on a time limit for name transfer.
Step 4: By the law, pay fees and receive red books.
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Please see more:
- Transfer of investment projects associated with the transfer of land use rights in Vietnam
- Guidance on procedures for transferring land use rights in Vietnam
Frequently asked questions
To re-allocate land when the State has issued a decision on land recovery when the land use term expires, but the use term is not extended by a competent state agency.
Land users may exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, or contribute land use rights as capital per the 2013 Land Law.
The time limit for land allocation and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production is specified in Clause 1, Clause 2, Point b, Clause 3, Clause 4, and Clause 5, Article 129 of this Decree. Land Law 2013 is 50 years. So, upon the expiration of the time limit, households and individuals directly engaged in agricultural production may continue to use the land according to the time limit specified in this Law if they have a need.
Conclusion: So the above is Conditions for transferring land use rights by Vietnamese law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
