Land users are allowed to transfer use rights, including land use rights transfer. The parties involved in the transfer transaction need to pay attention to satisfying the conditions and complying with the procedures for transferring land use rights according to the provisions of law. How this issue is regulated, let’s refer in the following article.
1. Conditions for land use rights transfer
Land users are entitled to exercise the right of land use rights transfer when they fully meet the following basic conditions:
– Have a Certificate, unless otherwise specified;
– The land is not in dispute;
– Land use rights are not distrained to ensure judgment enforcement;
– In the term of land use..
In addition, land users need to satisfy specific regulations corresponding to each specific case.
2. Procedure for land use rights transfer
The land use rights transfer must be registered at the land registration agency and takes effect from the time of registration in the cadastral book. Procedures are carried out according to the following regulations:
a. The land user submits 01 set of documents to exercise the right on land use rights transfer
In case of exercising rights over a part of the land plot, the land user requests the Land Registration Office to carry out a separate measurement of the plot for the area where the land user’s rights need to be exercised before submitting the application.
b. The land registration office processes documents, and shall:
– Send cadastral information to tax authorities to determine and notify collection of financial obligations in cases where financial obligations must be fulfilled;
– Confirm the changed content in the issued Certificate;
– In case it is necessary to issue a Certificate of land use rights, ownership of houses and other assets attached to land, prepare a dossier and submit it to the competent authority to issue a Certificate of land use rights, ownership of houses and other assets attached to land for land users;
– Adjust and update changes in the cadastral records and land database; hand over the certificates to land users or to commune-level People’s Committees for handover, in case of submission of dossiers at commune level.
Noted in case the person requesting the Certificate dies before being granted the Certificate:
the person who inherits land use rights in accordance with the inheritance law shall additionally submit a paper on inheritance as prescribed. In this case, the land registration office shall certify the inheritance in the granted certificate or make a dossier and submit it to a competent agency for granting the certificate of land use rights and ownership of houses and other land-attached assets to the heir under regulations of the Ministry of Natural Resources and Environment.
The heir shall perform financial obligations for land use rights and land-attached assets in case the deceased has such financial obligations as prescribed by law.
- Land Law 2013.
- Decree 43/2014/ND-CP guiding the implementation of the Land Law promulgated on May 15, 2014;
- Decree 01/2017/ND-CP amending the decree guiding the Land Law promulgated on January 6, 2017.
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