What is the name of the red book? Is there a difference between the procedure for transferring the name of the red book and the procedure for transferring land use rights? What are the steps to transfer land use rights? LSX Lawfirm will give you an article about: “Guidance on procedures for transferring land use rights in Vietnam”, as follows:
Legal grounds
Land Law 2013
Law on Notarization 2014
Law on Personal Income Tax 2007
What is the procedure to transfer the name of the red book?
Red book title transfer is actually a common way of calling people about the procedure for transferring land use rights in accordance with the law.
Accordingly, land use right transfer is the transfer of land use rights from one person to another through the forms of exchange, transfer, inheritance, donation of land use rights and capital contribution with land use rights. .
Besides transferring the name of the red book, many people also call this procedure by many different names such as: transfer of land use rights, procedures for land transfer, procedures for changing the name of land owners, procedures for transferring book names. red book, procedures for transferring land, procedures for transferring land name, transferring house and land, transferring land use right certificate, procedures for transferring name of red book, etc.
Notarization procedure to transfer the name of the red book
According to the Land Law 2013, when performing the transfer of land use rights, also known as the red book title, first, you need to notarize / authenticate the transfer contract.
Prepare profile
A notarized dossier of a land use right transfer contract includes the following papers:
For the transferor, the donor must prepare:
- Certificates of land use rights;
- Copy of ID card or ID card or passport;
- Registration book;
- Proof of marital status (marriage registration or certificate of single status);
- Authorized contract.
For the assignee, the donor will have to prepare:
- Copy of National ID card or ID card or passport.
- Registration book;
- Documents proving marital status.
Submit
The parties involved in the transfer of land use rights need to bring the documents to the notary office or notary office for notarization.
Settlement of records
When the two sides bring the documents to the notary office for procedures; the notary will check once again the case is eligible and there are no errors, then proceed to draft the sale and purchase contract and notarize. The member will let the parties read the contract again.
If both parties agree to the terms of the contract, then proceed to fingerprint and sign the contract (in case the contract is not understood or needs to be supplemented; the notary will explain it in detail and add additional information); add terms that the two parties require to be most appropriate).
The purchase and sale contract will normally be made in 05 identical originals; the notary office keeps 01 original, the remaining four copies will be sent back to the buyer.
The process of carrying out the procedures for transferring the red book title at the land registration office; will have to submit to the land registration office 02 original copies of the sale and purchase contract. The remaining two copies will be divided equally between the two buyers and sellers,; each holding 01 original copy of the purchase and sale contract.
Prepare documents for transfer of land use rights
To be able to transfer the land use right, you and the other party need to prepare a cadastral document and a record of financial performance. The dossier of each type includes the following documents:
Cadastral profile
For cadastral dossiers, include the originals of the following papers:
- An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
- Contracts and documents on the conversion, transfer, lease, subleas;, inheritance or donation of land use rights or ownership of assets attached to land; capital contribution with land use rights and ownership of land-attached assets; transfer land use rights and ownership of land-attached assets of husband or wife into joint ownership of husband and wife according to regulations. In case the only person inheriting land use rights and ownership of property on land is the only person; an application for registration of inheritance of land use rights and ownership of land-attached assets required. inherit;
- The original of the issued Certificate;
- The written consent of the land user for the owner of the property on land transferred, donated; leased or contributed as capital; in the case of transfer, donation, lease; contribute capital with assets attached to land where the owner of the property on land is not concurrently a land user.
- In case the applicant for the Certificate has died before granted the Certificate; the person inheriting the land use right in accordance with the law on inheritance shall submit additional papers on inheritance as prescribed.
Records of performance of financial obligations
A dossier of financial obligation performance includes the following documents:
- The original registration fee declaration form;
- The original non-agricultural land use tax declaration (if any);
- Then the original of the income tax return from real estate transfer; (unless the transferor is an enterprise with real estate business functions) according to the provisions of tax law (if any);
- The original document of the land user requesting exemption or reduction of financial obligations on land (if any)
- Copies of papers proving eligibility for exemption or reduction as prescribed by law (if any);
- Copies of papers proving that they are not subject to financial obligations as prescribed by law (if any);
- Real estate transfer contract as prescribed by law (copy) or Contract on gifting real estate as prescribed by law (copy); or Contract (or papers) inheriting real estate as prescribed by law. movable property (copy); Value-added invoice for the case of real estate transfer (copy).
Submit the application to the name of the red book
Both buyers and sellers need to prepare the above documents to make transfer documents.
The two sides need to go to the land management office, the People’s Committee of the commune/ward; or township to submit the application.
The agency in charge of receiving and processing land transfer dossiers
After receiving the documents of the parties involved in the transaction; the notary office or the competent authority will check and verify the documents to ensure that the documents; provided by the two parties are valid and valid legal value at the time of transfer.
The land use right registration office shall verify the dossier and make a copy of the cadastral dossier; send cadastral data to tax authorities to determine financial obligations; amend the issued land use right certificates and grant land use right certificates in case a new certificate required.
Officers can request additional documents if necessary to make the transaction go more smoothly.
Procedures for declaring financial obligations to the name of the red book
If in the contract there is no agreement on which party obligated to pay taxes and fees; usually both the seller and the buyer obligated to pay taxes and fees. Normally it calculated as follows:
The buyer will pay the registration fee with the following formula:
Registration fee = 0.5% x Area x Land price bracket
The land price bracket set by the People’s Committee of the province or city where the land located at the time of transfer in accordance with law.
The seller will pay personal income tax according to the following calculation:
Personal income tax = 2% x Transfer price (price stated in the contract)
According to the provisions of the Law on Personal Income Tax in 2007; amended in 2012, the transferor obliged to pay personal income tax. However, in reality, the two parties can agree on which party is responsible for paying tax.
There are also a number of other fees such as appraisal fees, certification fees, measurement fees, etc.
Deadline for declaration:
If the contract does not agree that the buyer will pay on behalf of the seller, then no later than the 10th day from the effective date of the transfer contract, a tax return submitted.
If the contract has an agreement to pay instead, the deadline for filing tax returns is the same as the time of carrying out the procedures for registration of land use rights.
The deadline for submitting the fee declaration dossier is the same as the time of carrying out the procedures for registration of land use rights.
Return results
You will receive a certificate of land use rights, ownership of houses and other land-attached assets confirmed with changes in content, or a new certificate in case the old certificate no longer has space for confirm content fluctuations.
You can also refer to the article related to Settlement of deposit contract disputes when buying land in Vietnam or Procedures for leasing land for 50 years in Vietnam; Land use term as prescribed by Vietnamese law; or Documents to apply for land use extension in Vietnam.
Related questions
In case of change of land use purpose, permission must be obtained without obtaining permission from a competent state agency; it depends on the type of land and the area of illegal transfer; that the level of administrative violations is different. Besides being fined; violators are forced to restore the original state.
To convert annual cropland to other agricultural land, including: Land used to build greenhouses and other houses for cultivation purposes; land for construction of barns for raising cattle, poultry and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
Converting land for planting other annual crops and aquaculture land to planting perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Then converting residential land to non-agricultural land which is not residential land;
Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land or non-agricultural production establishment land to land for construction of non-business works.
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