In the developed cities of the country, land use right transfer activities are taking place very actively. In fact, this is a special form of sale, so in order to safely, participants must comply with the correct legal process.
Basically, the procedure to change the name of the red book when buying land includes the following steps:
Step 1: Sign a land use right sale and purchase contract at the notary office. This step should prepare the papers:
- Certificates of land use rights;
- Identification card / household registration for both sellers and buyers;
- Proof of common / private property such as Marriage Registration Certificate or Single Status Certificate.
If the conditions are met, the local authorities will notarize the sale contract for the parties.
Step 2: Submit the application at the Land Use Right Registration Office of the Division of Natural Resources and Environment where the land is located. At this step, it is necessary to prepare the following documents:
- Certificate of land use rights (01 original + 02 certified copies);
- Land use right transfer contract (02 notarized copies);
- ID card / household registration of both sellers and buyers (02 sets with authentication);
- Papers proving common / private property such as marriage registration certificate or single status certificate (2 sets with authentication);
- Application for registration of changes to land and land-attached assets (1 original);
- Registration fee declaration (02 originals);
- Personal income tax return (02 originals);
- Non-agricultural land use tax return (02 originals);
- Tax registration declaration;
- Location maps housing (01 originals).
The Department of Natural Resources and Environment will receive the records and then transfer them to the tax agency to issue tax notices. The name transfer procedure will be carried out by the Department of Natural Resources and Environment.
Under the provisions of Point l, Clause 2, Article 61 of Decree 01/2017, the time to carry out the name change procedure is 10 working days from the date of receipt.
Step 3: Check the information on the result return appointment to go to the section that returns the tax notice results. After you have fulfilled your financial obligations, bring the invoice back here to receive a land use right certificate in your name.
- Some costs when performing the red book name transfer procedure include:
- Notarization cost of land use right transfer contract;
- Personal income tax upon real estate transfer (Clause 5 Article 2 of Circular 111/2013 / TT-BTC, Article 3 of Law on Personal Income Tax and Article 3 of Decree No. 65/2013 / ND-CP);
Registration fee to change land use right name (Article 2 of Circular 301/2016 / TT-BTC).
Source: Newspaper Nguoi Lao Dong
