How long after signing a land purchase contract must the red book title be transferred? Is there a fine if the deadline for transferring the red book title is exceeded?
How long after signing a land sale contract should you transfer the Red Book name?
According to Clause 4, Article 95 of the 2013 Land Law, it is stipulated as follows:
Registration of land, houses, and other assets attached to land
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4. Registration of changes shall be conducted in the following cases where certificates have been issued or registrations have been made but changes occur:
a) Land users, owners of houses, and other assets attached to land exercising the rights of conversion, transfer, lease, sublease, inheritance, donation of land use rights, and assets attached to land; mortgage, capital contribution by land use rights and assets attached to land;
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5. Land users, and owners of assets attached to land, who have declared and registered, shall be recorded in the land register, granted a Certificate of land use rights, and ownership of houses and other assets attached to land if needed and if fulfilling the conditions as per this Law and other related laws; in case of registration of changes in land, the land user shall be granted a Certificate of land use rights, ownership of houses and other assets attached to land or a recognition of changes in the issued Certificate.
In the event of the first registration but not meeting the conditions for the issuance of the Certificate of land use rights, ownership of houses and other assets attached to land, the current land user is temporarily allowed to use the land until a decision for handling by the Government of Vietnam is made.
6. For cases of registration of changes specified at points a, b, h, i, k, and l, Clause 4 of this Article, within no more than 30 days from the date of change, the land user must carry out the procedures for registration of changes; in case of inheritance of land use rights, the period for registration of changes shall be counted from the date of completion of land use right division as inheritance.
7. The registration of land, houses, and other assets attached to land is effective from the date of registration in the land register.
Thus, within 30 days from the signing of the notarized land sale contract, the procedure for transferring the Red Book name must be carried out.
How long after signing a land sale contract should you transfer the Red Book name? Is there any fine for overdue transfer of Red Book name? (Image from the Internet)
Is there any fine for overdue transfer of the Red Book name?
Based on Clause 2, Article 17 of Decree 91/2019/ND-CP stipulating the administrative penalty for failing to register land changes, as follows:
Failure to register land
1. If failing to register land for the first time as prescribed at point b, clause 3, Article 95, of the Land Law in rural areas, the form and level of penalties are as follows:
a) Warning or fine from 500,000 VND to 1,000,000 VND if within 24 months from the date this Decree takes effect and failing to register land for the first time;
b) Fine from 1,000,000 VND to 2,000,000 VND if exceeding 24 months from the effective date of this Decree and failing to register land for the first time.
2. If failing to register changes in rural areas as prescribed at points a, b, h, i, k, and l, clause 4, Article 95 of the Land Law, the form and level of penalties are as follows:
a) Fine from 1,000,000 VND to 3,000,000 VND if within 24 months from the deadline as prescribed at clause 6, Article 95 of the Land Law without registering the changes;
b) Fine from 2,000,000 VND to 5,000,000 VND if exceeding 24 months from the deadline as prescribed at clause 6, Article 95 of the Land Law without registering the changes.
3. For cases of failing to register land for the first time or failing to register changes in urban areas, the penalty level is twice the level of each respective case as prescribed in clauses 1 and 2 of this Article.
4. Remedial measures:
Compel the current land user who falls into the cases of failing to register land for the first time or failing to register changes to complete the registration procedures according to the regulations.
Thus, within 24 months from the overdue period, failing to complete the procedure for transferring the Red Book name in rural areas will be fined from 1,000,000 VND to 3,000,000 VND; exceeding 24 months from the overdue period will be fined from 2,000,000 VND to 5,000,000 VND.
Note: The above fine applies to individual violations. For organizational violations, the fine is twice the amount for individuals.
What are the basic rights of land users?
According to Article 166 of the 2013 Land Law, it is stipulated as follows:
General rights of land users
1. To be granted a Certificate of land use rights, ownership of houses and other assets attached to land.
2. To enjoy the results of labor and investment on the land.
3. To enjoy the benefits from State-provided facilities that protect and improve agricultural land.
4. To be guided and assisted by the State in the improvement and fertilization of agricultural land.
5. To be protected by the State when others infringe upon their lawful rights and interests about land.
6. To be compensated when land is repossessed by the State according to the regulations of this Law.
7. To lodge complaints, denunciations, and lawsuits against violations of their lawful land use rights and other violations of land-related laws.
Thus, land users are entitled to the basic rights as stipulated above.
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