Is it possible to transfer land in Vietnam without a land use right certificate?
Transfer of land use rights means the transfer of land use rights by the person named on the land use right certificate or a stable, long-term, and undisputed land user who transfers the land use right to another person. Currently, the law stipulates that one of the necessary conditions to carry out a land use right transfer transaction is to have a land use right certificate. So, Is it possible to transfer land in Vietnam without a land use right certificate? Let’s find out the answer through the following article of Lawyer X.
Legal grounds
Land Law 2013
Is it possible to transfer land without a land use right certificate?
According to the provisions of Clause 1, Article 188 of the 2013 Land Law, conditions for exercise of the right to transfer land use rights are met when the following conditions are met:
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;
Undisputed land;
The land use right is not distrained to secure judgment enforcement;
During the land use period.
According to the above regulations, a certificate of land use right (red book) is one of the mandatory conditions for a land user to exercise his/her right to transfer land use rights; except for the case specified in Clause 3, Article 186 of the 2013 Land Law (in which case all recipients of land use rights… are foreigners or overseas Vietnamese who are not eligible to buy houses. residence associated with residential land use rights in Vietnam) or the case of inheritance specified in Clause 1, Article 168 of the Land Law 2013.
Therefore, in order to be able to carry out the purchase and sale of land legally, ensure the rights as well as limit the risks of the transaction, the land user needs to carry out the procedures for registration of land use rights at the State Bank of Vietnam. commune or ward committee or district land use right registration office.
Principles of granting land use right certificates
Certificates of land use rights and ownership of houses and other land-attached assets are issued for each land parcel. In case a land user is using many agricultural land plots in the same commune, ward or township, upon request, he/she shall be granted a certificate of land use rights and ownership of houses and other assets attached to land. with the common land for those parcels of land.
For a land parcel with many people sharing the same land use rights, many people owning houses and other land-attached assets, the Certificate of land use rights and ownership of houses and other land-attached assets must state the following: full names of people who share land use rights and who jointly own houses and other land-attached assets and issue 01 Certificate to each person; in case the users and owners request, jointly issue a certificate and give it to the representative.
Land users and owners of houses and other land-attached assets may receive certificates of land use rights and ownership of houses and other land-attached assets after fulfilling their financial obligations. according to regulations of the Law.
In case land users, owners of houses and other land-attached assets are not subject to financial obligations or are exempted or debited from financial obligations and in case of land lease with rental payment Annually, the certificate of land use rights and ownership of houses and other land-attached assets shall be received immediately after the issuance by a competent authority.
In case land use rights or land use rights, ownership of houses and other land-attached assets, or ownership of houses and other land-attached assets are common property of husband and wife, the following documents must be recorded. the full name of the wife and the husband’s name shall be included in the certificate of land use rights and ownership of houses and other land-attached assets, unless the husband and wife have agreed to write one person’s name.
In case the land use right or land use right, ownership of houses and other land-attached assets, or ownership of houses and other land-attached assets, is the common property of husband and wife. The certificate of land use rights and ownership of houses and other land-attached assets shall be changed to the certificate of land use rights, ownership of houses and other land-attached assets to include the full name of the wife and the full name of the husband if required.
In case there is an area difference between the actual measurement data and the data recorded on the papers specified in Article 100 of this Law or the issued Certificate, but the boundary of the land plot being used remains unchanged compared to the boundary of the land plot. At the time of having the land use right document, there is no dispute with the adjacent land users, when granting or renewing the Certificate of land use right, ownership of houses and other assets attached to the land the land area is determined according to the actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.
In case of re-measurement, the boundary of the land plot has changed compared to the boundary of the land parcel at the time of obtaining the land use right document and the actual measured land area is larger than the area recorded on the land use right paper. land, the larger difference (if any) shall be considered for issuance of a Certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 99 of this Law.
Procedures for transferring land use rights
Procedures for transferring land use rights will be carried out according to the following steps:
Step 1: Sign the land use right transfer contract
The two parties transfer and receive the transfer to a notary organization in the province where the land is located, and request the notarization of the land use right transfer contract.
A dossier of request for notarization (1 set) includes:
Contract notarization request form (according to the form);
Draft transfer contract (if any);
Original ID card, household registration book of the transferor and transferee;
Certificate of marital status of transferee or transferor (in case both parties are not married)
Original certificate of land use right;
Copies of other documents related to the contract that are required by law.
Step 2: Make a financial declaration at the Land Registration Office
Dossier to transfer the name of the dump book includes:
Certificate of land use right (01 original + 02 certified copies)
ID card, household registration of the two transferors (02 certified copies)
Registration fee declaration
Personal income tax return
Documents proving common/separate property (seconds confirming marital status, 02 certified sets)
Notarized land use right transfer contract
Certificate of land use right (red book), 01 certified copy of house ownership and land-attached assets
01 certified copy of the people’s identity card, household registration book of the seller and the buyer
Step 3: Proceed to declare the application to transfer the name of land use right certificate
The transfer file includes:
The seller signs an application for registration of fluctuations, if in case the two parties agree on the buyer’s implementation of administrative procedures, the buyer can sign on its behalf.
The transfer contract is notarized.
Certificate of land use right, original ownership of house and property on land.
Original certificate of land use right.
Copy of household registration book and people’s identity card of the transferee.
In accordance with the law on the time limit for name transfer.
Step 4: Pay the fee and get the certificate of land use right
After completing the financial obligations, the land parcel owner submits the receipt to the Land Registration Office to receive the Land Use Right Certificate.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Is it possible to transfer land in Vietnam without a land use right certificate?”
Contact LSX
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Is it possible to transfer land without a land use right certificate?“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
Regulations on future house purchase and sale contracts in Vietnam
Rights and obligations of the parties in the contract of sale of goods in Vietnam
Unlawful agreements when signing labor contracts in Vietnam
Frequently asked questions
According to Clause 2, Article 129 of the Civil Code 2015 and Point b.3, subsection 2.3, Section 2 of Resolution 02/2004/NQ-HDTP, the parties have violated the transaction conditions without having a certificate of land use right. , the land use right transfer contract is not notarized or authenticated, but after performing the transfer contract, one or both parties have fulfilled 2/3 of the contract’s obligations (for example, paid the party in full). transfer, hand over the land to the transferee,…) and in the process of using it, have built houses, planted trees on the land, etc., using it stably and for a long time without the transferor objecting, not being affected. If a state agency has the power to sanction violations, you have the right to request the Court to recognize the contract.
The land use right transfer contract must be made in writing and notarized and authenticated to be legally valid to bind the parties and prove it to the state agency.
Conclusion: So the above is Is it possible to transfer land in Vietnam without a land use right certificate?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
