Hello Lawyer, I am Do Tien Dung, I have a piece of land that is a project land that I want to transfer to my daughter, Do Thuy Ngan, but now I see that the law still has quite a few regulations on transferring project land. judgment. So about the matter “Project land transfer procedure under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is project land?
Project land is also known as ground land. These are the pieces of land that can still keep the original status, without any human impact such as: leveling, digging, backfilling… Thus, investors can understand simply. These are plots of land located in the planned project area of a certain contractor, completely unexploited, under construction and still pristine.
The project’s foundation land is in fact the land area that has not yet been built for housing (still in its original state – only the ground).
Project land includes the following types:
– Investment projects to build houses for sale or for lease or for sale and lease in accordance with the law on housing (this is the most popular project land – the investor subdivides and sells the plot to the owner). citizen).
– Real estate investment projects associated with land use rights in accordance with the law on real estate business.
– Production and business projects not using capital from the state budget.
What is a land use right transfer?
Transfer of land use rights is a procedure for transferring land use rights from the seller to the buyer according to the provisions of law, so the parties need to understand the process and steps to carry out the procedure.
Procedures for the transfer of land use rights are carried out like normal real estate transactions or the land user has the right to convert, transfer, donate, etc. land use rights.
The concept of investment projects using land
Currently, the current law does not have specific regulations on what is the concept of an investment project using land. Only regulations on conditions for determining investment projects using land in Article 11 of Decree 25/2020/ND-CP include 3 conditions:
• Belonging to the list of projects that need to be recovered land approved in accordance with the law on land or belonging to the land area being managed and used by the State; urban development program (if any) in accordance with the law on urban development.
• Conform to socio-economic development plans, sectoral and field development plans; construction planning at the rate of 1/2000 or 1/500 (if any) or urban zoning planning at the rate of 1/2000 or 1/500 according to the provisions of law.
• Not being eligible to organize an auction of land use rights in accordance with the law on land.
Conditions for transferring investment projects using land
Here, the conditions on transfer of investment projects and transfer of land use rights must be complied with if they fall into the case specified at point a, clause 2, Article 83 of Decree 43/2014/ND-CP. Specifically:
Regarding the conditions for transferring investment projects, Article 46 of the Investment Law 2020 is as follows:
• The investment project is not terminated;
• Foreign investors receiving investment project transfer, part of the investment project must satisfy the conditions specified in Clause 2, Article 24 of the Law on Investment 2020;
• Conditions prescribed by the law on land in the case of transfer of investment projects associated with the transfer of land use rights and assets attached to land;
• Conditions as prescribed by the law on housing, the law on real estate business in case of transfer of housing construction investment projects, real estate projects;
• Conditions specified in the written approval of investment policy, investment registration certificate or other relevant laws (if any);
• When transferring investment projects, in addition to complying with the provisions of this Article, state enterprises shall have to comply with the provisions of law on management and use of state capital invested in production, doing business at the enterprise before making adjustments to the investment project.
Regarding the conditions for transferring land use rights specified in Clause 1, Article 188 of the Land Law 2013 as follows:
• 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;
• Land use rights are not distrained to secure judgment enforcement;
• During the land use period.
Project land transfer procedure under Vietnam law
Procedures for transferring land and assets on land belonging to an investment project in case the transferor is allocated land by the State with the collection of land use levy or leased land with one-off rental payment for the entire lease period or receives the transfer by the State. concession of land use rights according to regulations but the payment does not originate from the State budget.
Step 1. The parties shall transfer the investment project in accordance with the law on investment.
Step 2. The project transferee submits the project transfer dossier to the Land Registration Office, including the project transfer contract, which must clearly show the value of land use rights in the total value of the project transfer. and has a substitute value for the land use right transfer contract.
Step 3. The land registration office is responsible for examining the dossier. In case the dossier is fully qualified, it shall perform the following tasks:
+ Send cadastral information to tax authorities to determine and notify collection of financial obligations in case financial obligations must be fulfilled as prescribed.
+ Confirm the content of changes in the granted Certificate according to regulations of the Ministry of Natural Resources and Environment.
+ Prepare dossiers and submit them to competent agencies for granting certificates of land use rights and ownership of houses and other land-attached assets.
Step 4. Receive the Certificate at the place of application.
Procedures for transferring land and assets on land belonging to an investment project in case of project transfer where the transferor is allocated land by the State without collection of land use levy or leases land with annual rental payment or land allocation there is a fee for the use of which the payment is derived from the State budget.
Step 1. The parties shall purchase and sell, contribute capital with assets attached to land according to the provisions of civil law.
Step 2. The transferee submits the project transfer dossier, including the project transfer contract and the granted Certificate.
Step 3. After the registration office receives the dossier and contributes capital with assets attached to the leased land, it shall prepare a dossier for the purchaser and the recipient of the capital contribution with land-attached assets to continue renting the land.
Step 4. The agency of natural resources and environment is responsible for verifying the dossier and submitting it to the People’s Committee of the competent authority to decide on the recovery of land from the seller or the party contributing capital with properties attached to the leased land for the purchaser or the receiver. capital contribution with land-attached assets to continue renting land; sign a land lease contract with the purchaser, receive capital contribution in the form of assets attached to the leased land; notify in writing the tax authority of the expiration of the land lease contract for the seller or the person contributing capital with the property.
Step 5. The land registration office sends the land lease contract to the buyer and recipient of capital contribution with assets attached to the leased land; to correct and update changes in cadastral records and land databases; issue the Certificate to the grantee.
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Please see more
- Procedures for project land allocation and land lease application in Vietnam
- The process of bidding investment projects using land in Vietnam
- What documents do I need for marriage registration in Vietnam?
Frequently asked questions
The project land transaction must go through the following step-by-step sequence:
After approval of the 1/500 plan, a decision on land allocation (advised by the Department of Natural Resources and Environment) or a general red book, the investor is allowed to sign a deposit contract to sell the land plot to the customer.
If the project land will be built for housing, the investor can only sign a purchase and sale contract after it is approved in writing by the Department of Construction.
After the Department of Construction/Ministry of Construction takes over the housing project to put it into use, the investor submits a separate application for a certificate of house ownership (pink book) to the customer.
Project land is allowed to be transferred. However, it is necessary to satisfy the conditions that the investment project is not subject to termination of operation as prescribed in Clause 1, Article 48 of the Law on Investment 2014.
To check the legality, the project land should have the following basic documents and records:
Written agreement on project planning location of the chief architect’s office;
Documents proving completion of compensation clearance for that project land (if in case of compensation)
Dossier for approval of the People’s Committee of the district, district to move the chief architect’s office and have the chief architect’s written approval for planning approval
A document showing that the project land area has been allocated land by a competent state agency
The investor has been granted a land use right certificate for that project’s land plot.
Conclusion: So the above is Project land transfer procedure under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
