Required Documents for Transferring Land Use Right Certificate

Mandatory documents for transferring the Land Use Rights Certificate (Illustrative photo)

1. Documents for notarization, authentication of land transfer contract

According to Clause 3 Article 167 of Land Law 2013 as guided by Article 64 Decree 43/2014/ND-CP: Transfer contracts of land use rights, land use rights, and assets attached to the land must be notarized or authenticated; for land use rights exchange contracts, agricultural land use rights transfer contracts, land use rights transfer contracts, land use rights and assets attached to the land, assets attached to the land where one or more parties involved are real estate business entities notarization or authentication is required at the request of the parties (not mandatory).

In case of notarization

According to Clause 1 Article 40 and Clause 1 Article 41 of the Notarization Law 2014, a notarization request dossier includes:

1. Notarization request form: includes information about the name, address of the notarization request person, content to be notarized, list of attached documents; name of the notary practice organization, name of the person receiving the notarization request dossier, time of receipt;

2. Draft contract, transaction;

3. Copy of personal identification documents of the person requesting notarization (ID card, citizen card or passport);

4. Copy of ownership certificate, use right certificate or copy of substitute documents prescribed by law for the property that must be registered for ownership or use right in the case of contract, transaction related to that property (Land Use Rights Certificate, Housing Ownership and Homestead Land Use Rights Certificate, Housing Ownership Certificate, Land Use Rights, House Ownership and Other Assets Attached to Land Certificate);

5. Copy of other documents related to the contract, transaction as prescribed by law.

In case of authentication

According to Clause 1 Article 36 of Decree 23/2015/ND-CP, an authentication request dossier includes:

1. Draft contract, transaction;

2. Copy of valid ID card or valid Passport of the person requesting authentication;

3. Copy of ownership certificate, use right certificate or copy of substitute documents prescribed by law for the property that must be registered for ownership or use right in the case of contract, transaction related to that property (Land Use Rights Certificate, Housing Ownership and Homestead Land Use Rights Certificate, Housing Ownership Certificate, Land Use Rights, House Ownership and Other Assets Attached to Land Certificate).

Note, copies of the above documents must be accompanied by the originals for comparison.

2. Documents for personal income tax declaration and registration fee

Note that if exempt from personal income tax or registration fee, tax and fee declarations are still required.

Personal income tax declaration dossier

According to Article 16 of Circular 156/2013/TT-BTC, as amended and supplemented by Circular 92/2015/TT-BTC, the personal income tax declaration dossier for income from real estate transfer includes:

1. Personal income tax return form number 03/BDS-TNCN issued with Circular 92/2015/TT-BTC;

2. Copy of certificate of land use rights, documents proving house ownership or ownership of construction works on the land with an individual's commitment to bear responsibility on that copy;

3. Real estate transfer contract. In case of real estate authorization, submit the Real Estate Authorization Contract;

4. Documents used as the basis for determining exemption from tax (in case of real estate transfer exempt from personal income tax).

Registration fee declaration dossier

According to point a clause 3 Article 10 of Decree 140/2016/ND-CP, as amended and supplemented by Decree 20/2019/ND-CP, the registration fee declaration dossier includes:

1. Original Registration Fee Declaration form number 01 issued with Decree 140/2016/ND-CP;

2. Valid copy of documents proving the property (or property owner) is exempt from registration fee (if any) (often the Certificate), except in case of submitting the original;

3. Valid copy of documents proving the house, land have lawful origin as prescribed by law (often the Certificate);

4. Valid copy of lawful documents as prescribed by law on property transfer agreements signed between the transferor and the transferee (transfer contract).

3. Documents for registration of changes

According to clause 2 Article 9 of Circular 24/2014/TT-BTNMT, as amended and supplemented by Circular 33/2017/TT-BTNMT, the dossier for registration of land changes includes:

1. Application form for registration of land changes, assets attached to land according to Form number 09/DK;

2. Contract, document on the transfer of land use rights, ownership of assets attached to land;

3. Original issued Certificate;

4. Written approval from a competent State agency for economic organizations to receive the transfer, receive capital contribution, lease agricultural land use rights to implement investment projects;

5. Document from the land user consenting to the transfer of assets attached to land in case the owner of assets attached to land is not concurrently the land user.

Le Vy

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