Is it compulsory to notarize or authenticate contracts on exchange of land use rights in Vietnam?
Is it compulsory to notarize or authenticate contracts on exchange of land use rights in Vietnam? How much is the tax and fee when exchanging agricultural land use rights in Vietnam?
My family exchanged land to grow rice and crops with another household in the neighboring commune. We haven't had the contract notarized or authenticated. Is it compulsory to notarize or authenticate the contract? How much is the tax and fee when exchanging agricultural land use rights?
Thank you!
Is it compulsory to notarize or authenticate contracts on exchange of land use rights in Vietnam?
Pursuant to Article 167 of the Law on Land in 2013 stipulating the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital in Vietnam as follows:
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.
As regulations above, the contract on exchange of agricultural land use rights is not compulsory to be notarized or authenticated.
How much is the tax and fee when exchanging agricultural land use rights in Vietnam?
Pursuant to Article 190 of the Law on Land in 2013 stipulating conditions for exchanging agricultural land use rights in Vietnam as follows:
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.
As regulations above, households and individuals using agricultural land which is allocated by the State to exchange agricultural land use rights to other households and individuals in the same commune, ward or township, don't have to pay personal income tax and registration fee.
Best regards!