Currently, many people are wishing to transfer the right to use production forest land. But they do not know the documents, order and procedures for transferring the right to use production forest land. Here, let’s find out with Lawyer X about “What is the procedure for transferring production forest land?” Check out the following post!
Legal grounds
Land Law 2013
Decree 43/2014/ND-CP
What is the production of forest land?
According to the provisions of Article 10 of the Land Law 2013, production forest land is a type of land belonging to the group of agricultural land.
The procedure for transferring the right to use forest land for production is simply understood as follows: This is the transfer of the right to use forest land from this individual or organization to another individual or organization, in which the transferor will receive an amount corresponding to the value of the land use right from the transferee.
Conditions for carrying out procedures for transferring the right to use production forest land
Land users who want to transfer land use rights must satisfy the conditions specified in Article 188 of the 2013 Land Law, including:
- Having a certificate of land use right;
- Land without dispute;
- The land use right is not distrained to secure judgment enforcement;
- During the land use period.
The conditions for the transfer of the right to use forest land for production forests are: - Not exceeding 150 hectares for communes, wards, and townships in the delta;
- Not exceeding 300 hectares for communes, wards, and townships in the midland and mountainous areas.
Subjects receiving the transfer of the right to use production forest land.
The land law stipulates that households and individuals may not transfer the right to use production forest land to economic organizations if they are not eligible to change the land use purpose according to the master plan or plan on land use. approved by the competent authority.
“Households and individuals living alternately in strictly protected sub-zones or ecological restoration sub-zones in special-use forests but cannot afford to move out of such sub-zones may only transfer or donate their rights to use residential land, forest land in combination with agricultural, forestry and aquaculture production for households and individuals living in that subdivision. According to the law, the transferee must have a household registration book for the forest area he wants to transfer” (Clause 1, Article 192, Land Law 2013).
Purpose of land use to receive the transfer of the right to use production forest land.
The transferee of production forest land must also have the purpose of using the transferred land area in accordance with the master plan and plan on land use approved by the competent state agency.
Dossier for carrying out procedures for transferring production forest land
Dossier submitted when carrying out procedures for transferring the right to use production forest land includes:
- An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
- The contract on transfer of the right to use production forest land must be notarized and authenticated;
- The original of the issued Certificate;
- Written approval of a competent state agency for economic organizations that receive transfer, capital contribution or lease of agricultural land use rights to implement investment projects;
- Other papers: People’s identity card, household registration book. The transferor or transferee submits a dossier to the Land Registration Office requesting the transfer of the land name to the land transferee. After fulfilling financial obligations to the state agency, the Land Registration Office will carry out the procedures for transferring the name to the transferee of the land use right.
Procedures for transferring land as production forest
Step 1: The transferor and the transferee make a transfer contract at the notary office or the commune People’s Committee.
The transferor and transferee need to prepare the following documents:
- For the transferor: certificate of land use right, household registration book, marriage registration certificate (if not married, prepare a certificate of marital status), people’s identity card
- For the transferee: ID card, household registration book, marriage registration certificate (if not married, prepare a certificate of marital status)
Notarized documents of land use right transfer contract: - Draft contract
- Certificate of land use right
- Request for notarization of the contract
- Copy of ID card, household registration book of the parties
- Papers proving common/separate property (Marriage registration certificate/certificate of singleness)
- Copies of other documents related to the contract as prescribed by law
Step 2: Procedures for transferring the name of the certificate of land use right at the Land Registration Office
Records include:
Certificate of land use right (01 original + 02 certified copies)
ID card, household registration of both transferors (02 certified copies)
Land use right transfer contract (02 notarized copies)
Documents proving common/separate property (seconds confirming marital status, 02 certified sets)
Application for registration of changes in land and properties attached to land (01 original)
Registration fee declaration (02 originals)
Personal income tax return (02 originals)
Non-agricultural land use tax declaration (02 originals)
Tax registration declaration
Location map of land (01 original)
After submitting a complete application, the land registration agency will notify the tax authority to determine the financial obligation (Article 79 of Decree 43/2014/ND-CP detailing the land law). In case of financial obligations, the owner must pay the financial obligations as prescribed by law.
Step 3: Pay the full fee and receive the red book
After the tax has been paid, the land user shall submit a tax receipt; registration fee to the land management agency to receive the certificate of land use right.
Taxes and fees payable:
Registration fee: according to Article 2 of Circular 301/2016/TT-BTC, the buyer must pay the registration fee.
Personal income tax under Article 1 Law 26/2012/QH13 Amending and supplementing a number of articles of the Law on Personal Income Tax, the seller must pay personal income tax
Other costs: cost of a notary, cost of measurement
Financial obligations
Income tax when transferring the right to use the land for the production of forest
According to the provisions of Clause 12, Article 2 of Decree No. 12/2015/ND-CP, the tax rate for income from real estate transfer is 2% of the transfer price.
Registration fee
Note: According to Article 7 of Decree 140/2016/ND-CP, the registration fee for production forests is 0.5% of the land use right value.
Related article:
- Procedures for project land allocation and project land lease
- Procedures for leasing land for 50 years in Vietnam
Frequently asked questions
Production forests are allocated or leased by the State to organizations, households, and individuals of all economic sectors that fully meet the conditions specified in Clause 3, Article 24, Clause 3, and Clause 4, Article 25 of this Law to provide forest products, combining production and business in the direction of intensive forestry – agriculture – fishery, combined with landscape business, resort, eco-tourism – environment.
The exploitation and use of production forests must ensure the maintenance of the area, development of forest reserves and quality, and compliance with forest management regulations.
Forest owners must have a plan for afforestation in areas of non-forest production forest land, combined forestry-agriculture-fishery production; take measures to zone off and promote forest regeneration, forest enrichment, forest enrichment, and economic efficiency improvement
Production forest land is allowed to change the purpose of use depending on the needs of land users and based on the State’s decision on land use purposes. For those who want to convert production forest land (agricultural land) to non-agricultural land, permission must be obtained from a competent authority.
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