What is the latest form of contract on exchange of land use rights in 2023? Where to download the form of contract on exchange of land use rights in Vietnam?
- What is the latest form of contract on exchange of land use rights in 2023? Where to download the form of contract on exchange of land use rights in Vietnam?
- What are the conditions for exchanging agricultural land use rights in Vietnam?
- Is it mandatory to notarize or authenticate contracts on exchange of agricultural land use rights in Vietnam?
- What are the general rights of land users in Vietnam?
What is the latest form of contract on exchange of land use rights in 2023? Where to download the form of contract on exchange of land use rights in Vietnam?
Pursuant to Contract Form No. CD issued together with Circular 1883/2001/TT-TCĐC stipulating the form of contract on exchange of land use rights as follows:
Download the form of contract on exchange of land use rights
here.
What is the latest form of contract on exchange of land use rights in 2023? Where to download the form of contract on exchange of land use rights in Vietnam? (Picture from internet)
What are the conditions for exchanging agricultural land use rights in Vietnam?
Pursuant to Article 190 of the Land Law 2013, it is stipulated as follows:
Conditions for exchanging agricultural land use rights
Households and individuals using agricultural land which is allocated by the State or obtained through exchange, acquisition of land use rights, inheritance, donation of lawful land use rights from other land users, may only exchange these agricultural land use rights to other households and individuals in the same commune, ward or township to facilitate agricultural production, and do not have to pay income tax incurred from the exchange of land use rights and registration fee.
Thus, based on the above regulations, households and individuals using agricultural land which is allocated by the State or obtained through exchange, acquisition of land use rights, inheritance, donation of lawful land use rights from other land users, may only exchange these agricultural land use rights to other households and individuals in the same commune, ward or township to facilitate agricultural production, and do not have to pay income tax incurred from the exchange of land use rights and registration fee.
Is it mandatory to notarize or authenticate contracts on exchange of agricultural land use rights in Vietnam?
Pursuant to Clause 3, Article 167 of the Land Law 2013, it is stipulated as follows:
The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.
2. A group of land users sharing land use rights have the following rights and obligations:
a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.
In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.
3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;
b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;
c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;
d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.
Thus, based on the above regulations, the notarization and certification of contracts and documents on the exercise of the rights of land users is not required. In case one party or all parties involved in the transaction is/are a real estate business organization or organizations, the contracts must be notarized or certified at the request of the parties
What are the general rights of land users in Vietnam?
Pursuant to the provisions of Article 166 of the Land Law 2013, regulations on general rights of land users include the following:
- To be granted the certificate of land use rights, houses and other land-related assets ownership.
- To enjoy the results of the labor and investment on land.
- To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.
- To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.
- To be protected by the State against others’ infringements of their lawful rights and benefits related to land.
- To receive compensation when land is expropriated by the State in accordance with this Law.
- To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.
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