Procedures for transferring the name of a red book for donation in Vietnam

LSX Legal firm received a question from our customer: “How does the law regulate the issue of land donation? I have a lot of land and want to give it to my daughter on the occasion of her marriage. However, I do not know how to transfer the name of a red book as a gift. Do I need to pay taxes when giving land to my daughter? How do I carry out the procedures for transferring the name of a red book for donation in Vietnam? What kind of documents do I need to prepare for a red book name?”
In this article, we will help you resolve these issues.

Legal grounds

• Law on Land 2013
• Law on Notarization 2014

Papers needed to notarize land transfer and donation contracts?

According to Article 40 of Law on Notary 2014, the seller and donor need to prepare the following documents:

• A notarization request containing information on the full name and address of the notarization requester, contents to be notarized, and list of enclosed papers; the name of the notarial practice organization, the full name of the dossier recipient, and time of dossier receipt.
• The draft contract or transaction.
• A copy of the personal identity paper of the notarization requester;
• A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets.
• Copies of other papers related to the contract or transaction as required by law.

Regulations on donation of land use rights

Points a, d, Clause 3, Article 167 of the Law on Land 2013 stipulates:

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a) Contracts on transfer, donation, mortgage, or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except in the case of real estate business prescribed at Point b of this Clause;

…

d) The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

Thus, to perform the donation of land use rights to your children:

• Firstly, go to a notary organization in the province or city where the land located or the People’s Committee of the commune to notarize/authenticate the donation contract.
• After notarizing/certifying the contract for the donation of land use rights, you can proceed with the procedure to register your children’s name at the Land Registration Office.

Procedures for transferring the name of a red book for donation

1. Prepare the application for the transfer of the land use right certificate.

2. Submit the application for the name transfer of the certificate of land use right. Receive a receipt for the application and fulfill financial obligations to the state agency.

3. The land registration office takes responsible for examining the dossier, and if all conditions satisfied to exercise the rights as prescribed, it shall perform the following tasks:

• Firstly, send cadastral information to tax authorities to determine and notify collection of financial obligations in case financial obligations must be fulfilled as prescribed;
• Secondly, confirm the content of changes in the granted Certificate in accordance with the regulations of the Ministry of Natural Resources and Environment.
• Thirdly, edit and update changes in cadastral records and land databases; hand over the certificate to the land user or send it to the commune-level People’s Committee for handing over the case of filing at the commune level.

4. Receive the certificate of land use right at the land registration office. If the application is submitted at the commune level, it will be received at the commune-level People’s Committee.

Application composition:

• An application for registration of changes in land and land-attached assets made according to Form No. 09/DK.
• Contract for the donation of land use rights (Notarized at the city or province notary office where the real estate is located).
• Certificates of land use rights.
• Copies of documents proving the relationship between the donor and recipient of land use rights such as birth certificate, household registration, and so on.

Number of the dossier: 1 set.

Authority: The land use right registration office belongs to the Division of Natural Resources and Environment at the district level (town, district) where the land located.

Processing time: 10 days.

Documents for notarization and certification of the contract of donation of land use rights

For parents:

• Certificate of land use right, ownership of houses, and other land-attached assets;
• ID card/CCCD/Passport;
• Registration book;
• Registration of marriage.

For children:

• ID card/CCCD/passport;
• Household registration book (in case of separation);
• Birth certificate;
• Documents about marital status.

The steps to carry out the procedures for notarization of the contract of donation of land use rights at the Notary Office.

• Firstly, the land user fills in the notarization request form according to the form of the notary office.
• Secondly, the notary office prepares a contract of donation of land use rights at the request of the land user.
• Thirdly, the notary shall notarize the contract of donation of land use rights.

The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital

Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with the Law on Land 2013.

A group of land users sharing land use rights have the following rights and obligations:

• A group of land users including households and individuals who have the same rights and obligations as households and individuals in accordance with the Law. In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
• For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law. In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

The above content details information regarding “Procedures for transferring the name of a red book for donation in Vietnam”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: [email protected]

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Frequently asked question

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