Vietnamese: Standard form of real estate sale and purchase contract? Instructions on how to sign the red book when buying and selling real estate?
Conditions for transferring land use rights according to Vietnamese regulations?
Buying and selling real estate is a common way of calling people, according to the law, buying and selling real estate is a procedure for transferring land use rights, buying and selling houses.
Conditions of the transferor
Pursuant to the provisions of Clause 1, Article 188 of the Land Law 2013 of Vietnam, the conditions for the transfer of land use rights are:
“Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:
a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.”
Accordingly, the transferor's conditions include:
- 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;
- The land use right is not distrained to secure judgment enforcement;
- During the land use period
Conditions of the transferee
Pursuant to Article 191 of the 2013 Land Law of Vietnam, which stipulates that schools are not allowed to transfer land use rights, including:
- Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.
- Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.
- Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.
- Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.
Vietnamese: Standard form of real estate sale and purchase contract? Instructions on how to sign the red book when buying and selling real estate?
The most standard form of real estate sale and purchase contract in Vietnam?
When carrying out the transfer of land use rights, the two parties can use the form of land use right transfer contract in Form No. 06 of the Appendix issued with Decree 02/2022/ND-CP:
Download the real estate sale and purchase agreement form: Click here.
Instructions on how to sign the red book when buying and selling real estate according to Vietnamese regulations?
To carry out the procedure of signing the red book when buying and selling real estate, you need to follow these steps:
Step 1: The parties (buyer, seller) go to the notary office to carry out procedures for buying and selling land (transfer of land use rights, ownership of houses and other assets attached to land).
- Seller (transferor):
+ Certificate of land use rights, ownership of houses and other land-attached assets.
+ Identity card / CCCD card of the seller (both husband and wife).
+ Household book of the seller (both husband and wife).
+ Marriage registration certificate of the seller.
+ Technical dossier of land plot (in case of partial transfer of land plot)
In case the seller is a person, the following documents are required:
Certificate of marital status (if single)
+ Divorce judgment + Certificate of marital status (if divorced)
+ Death certificate of spouse + Certificate of marital status (if spouse died before having property)
+ Papers proving separate property due to being given as a gift, due to being separately inherited, or having an agreement or judgment on property division (Contract on donation, inheritance declaration, division agreement, judgment). property division)
+ Sale authorization contract (If any)
- Buyer (transferee):
+ Identity card / CCCD card of the buyer.
+ Household book of the buyer
+ Documents proving the marital relationship of the buyer (Marriage registration certificate or certificate of marital status)
+ Purchase authorization contract (If any)
Step 2: Submit an application for a certificate of land use rights, ownership of houses and other land-attached assets and receive an appointment slip =>> Land Registration Office (District People's Committee).
Step 3: Pay the registration fee and personal income tax at the tax office.
The registration fee is paid by the buyer, personal income tax is paid by the seller.
Step 4: Receive the Certificate of land use rights, ownership of houses and other land-attached assets at the receiving and returning results department of the Land Registration Office (District People's Committee).
Above is a sample of a real estate sale and purchase contract and instructions on how to sign the red book name when buying and selling real estate that people can refer to.
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