Garden land is a very familiar type of land, especially in rural areas of our country. However, in some cases the owner wants to sell the land. So about the matter “Order and procedures for purchasing garden land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is the concept of garden land?
In the Land Law, there are no specific regulations on the type of garden land. However, garden land can be understood simply as the type of land that includes the land for growing crops and the residential land in the same piece of land.
Garden land can be in the same plot with residential land or as separate plots. This land is only used for the purpose of growing crops or perennial plants,..so everyone needs to understand and comply with the regulations.
If you want to build a house on garden land, you need to complete the procedures for changing the land use purpose according to the provisions of the Land Law.
In addition, the garden land is still not identified as agricultural and non-agricultural land.
If it is in the group of agricultural land, the garden land must meet the following criteria:
• Must be located in a parcel of land with residential land, have houses and belong to the agricultural land group.
• The remaining area of the land plot must be pond, garden or agricultural land.
Conditions for buying and selling garden land
Pursuant to Article 188 of the 2013 Land Law stipulates:
“Article 188. Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution by land use right
Land users may exercise the rights to convert, 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.
– In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights and contribute capital with land use rights must also satisfy the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of the 2013 Land Law.
– The exchange, transfer, lease, sub-lease, 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 date of registration. from the time of registration in the cadastral book.”
Accordingly, to carry out the purchase, sale and transfer of garden land, the following basic conditions must be met:
– Have a certificate of land use right;
– Undisputed land;
– The land use right is not distrained to secure judgment enforcement;
– During the land use term;
– The purchase, sale and transfer must be registered at the land registration agency;
Order and procedures for purchasing garden land in Vietnam
- Step 1: Deposit to buy, sell and transfer garden land
The contents of the Deposit Contract include the following basic information:
– Information of the seller;
– Buyer information;
– Information of witnesses (if any);
– Description of land: Address on the red book, number of red book, Land area, …
– Purchase price, deposit amount, subsequent payments, time and form of payment;
– A deposit penalty if the two parties fail to comply with the agreement entered into in the contract;
– Content showing the agreement on the time of the two parties to sign the contract to buy and sell (transfer) garden land;
– Other agreements: party subject to personal income tax, notarization fee, …
- Step 2: Sign the contract of transfer of the right to use garden land at the local Notary Office where the transactional garden land is located
The parties need to prepare the following documents:
– The seller needs to prepare:
– Original ID card, or passport, or citizen identification card;
– Original household registration book;
– Certificate of marital status (for single, unmarried people);
– Marriage certificate (if married);
– Divorce and property division papers decided by the Court., property division papers, wills, …
– The original certificate of land use right;
– Buyers need to prepare:
– Original ID card, or passport, or citizen identification card;
– Original household registration book;
– Certificate of marital status (for single, unmarried people);
– Marriage certificate (if married);
Submit documents and request notarization at the Notary Office
– The two parties submit the documents at the notary public office together with the notarization request form;
– Waiting for the Notary to check the file or issue it:
– Checking documents: In case the parties prepare a draft of the transfer contract by themselves, if the conditions are met, continue; if the conditions are not met or the law is violated, the request for amendment and preparation of the transfer contract is required. draft a new contract;
– Issuance of documents: The notary prepares a draft contract (in case the purchase and sale parties do not draft the contract in advance);
– The notary re-reads the land use right transfer contract for the parties to hear. After that, the two parties check the contents of the transfer contract, personal information, other information such as: area, price, … (if there are errors, request amendments and supplements);
– The seller and the buyer briefly sign 03 copies of the land use right transfer contract; The signing is done specifically as follows: signing without specifying full name on each page (except the last page) of the Contract; sign and write your full name on the last page of the Transfer Contract;
– Both parties point to the Contract;
– The notary shall sign, stamp and record the testimony in the Contract.
- Step 3: Register land change
Submit application for registration of land change
– The application for registration of land changes can be submitted at the Land Registration Office or the People’s Committee of the commune. However, to avoid taking a long time, you should go to the Land Registry Office to do it. Because after the commune-level People’s Committee receives the dossier, it will also forward it to the Land Registration Office for consideration and handling.
Profile includes:
1. Application for registration of volatility (according to the form);
2. Notarized land use right transfer contract;
3. Certificate of land use right;
4. Personal papers include: Identity card, household registration book, Certificate of marriage registration.
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Contact LSX
Finally, hope this article is useful for you to answer the question about “Order and procedures for purchasing garden land in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
According to the provisions of the Land Law 2013, the Law on Notarization 2014, if the purchase and sale of land use rights are transferred, the two parties must make a purchase and sale contract and have it notarized. The price of residential land and the price of land for growing perennial crops is different, if the seller commits fraud to appropriate property, you can ask the police to intervene to handle the fraudulent act of appropriating property. .
According to Clause 2, Article 17 of Decree 91/2019/ND-CP, land registration is not allowed as follows:
“1. In case of failure to perform first-time land registration as prescribed at Point b, Clause 3, Article 95 of the Land Law in rural areas, the form and level of sanction shall be as follows:
a) A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed if, within 24 months from the effective date of this Decree, land registration is not performed for the first time;
b) A fine of between VND 1,000,000 and 2,000,000 shall be imposed if the first time land registration is not performed within 24 months from the effective date of this Decree.
In case of failure to register land changes as prescribed at Points a, b, h, i, k and 1, clause 4, Article 95 of the Land Law in rural areas, the form and level of sanction shall be as follows: :
a) A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if within 24 months from the date of expiry specified in Clause 6, Article 95 of the Land Law, no change registration is made;
b) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the time limit is over 24 months from the time limit specified in Clause 6, Article 95 of the Land Law without registration of changes.
In case of failure to register land for the first time or register changes in land in urban areas, the sanction level shall be equal to 02 times the sanction level for each respective case as prescribed in Clauses 1 and 2 of this Article. and 2 This Article.
Remedial measures:
Forcing current land users in cases of failure to register land for the first time or register land changes to carry out land registration procedures according to regulations.
Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese, foreign-invested enterprises are not allowed to assign or donate their use rights. land use rights in cases where the law does not allow the transfer or donation of land use rights.
Economic organizations may not receive the transfer of the right to use land for rice cultivation, protection forest land, and special-use forest land of households and individuals, except for cases where the land use purpose is changed according to master plans or plans. land use plan approved by a competent state agency.
For example, households that are allocated protective forest land by the State for management will not be allowed to buy or sell this type of land with any business, for any reason.
Households and individuals that are not directly engaged in agricultural production may not receive the transfer or donation of land use rights for rice cultivation.
Households and individuals are not allowed to transfer or donate the right to use residential land or agricultural land in protection forest areas, in strictly protected sub-zones and ecological restoration sub-zones in special forests. if you do not live in that area of protection forest or special-use forest.
Conclusion: So the above is Order and procedures for purchasing garden land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
