Regulations on contracts and transaction documents on land use rights and ownership of land-attached assets in Vietnam

Regulations on contracts and transaction documents on land use rights and ownership of land-attached assets in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on contracts and transaction documents on land use rights and ownership of land-attached assets in Vietnam

Regulations on contracts and transaction documents on land use rights and ownership of land-attached assets according to Article 64 of Decree 43/2014/ND-CP are as follows:

- Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.

- Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.

2. Regulations on determination of financial obligations of land users in implementation of administrative procedures for land management and use in Vietnam

Regulations on determination of financial obligations of land users in implementation of administrative procedures for land management and use according to Article 63 of Decree 43/2014/ND-CP (supplemented in Decree 01/2017 /ND-CP) as follows:

- Land use levy, land rental, land-related taxes and registration fee (below referred to as financial obligations) shall be determined by tax agencies. Provincial-level Natural Resources and Environment Departments, district-level Natural Resources and Environment Divisions or land registration offices shall provide cadastral information for tax agencies in cases of eligibility and subject to financial obligations under regulations.

Land prices for calculation of financial obligations shall be determined by provincial-level Natural Resources and Environment Departments; or by tax agencies, in case of application of the land price adjustment coefficient for determination of specific land prices.

- Tax agencies shall notify financial obligations to land users or owners of land-attached assets as prescribed by law within 5 working days from the date of receipt of cadastral information.

Competent agencies shall sign certificates of land use rights and ownership of houses and other land-attached assets, for land users and owners of land-attached assets exempted from, or entitled to owe, financial obligations, those subject to financial obligations and having fulfilled these obligations, and those having obtained decisions on exemption from financial obligations in accordance with law.

- Dossier-receiving agencies shall determine amounts of charges and fees related to land management and use, except the registration fee prescribed in Clause 1 of this Article, to be paid by land users upon implementation of administrative procedures for land management and use; and notify and guide land users to pay them in accordance with law.

The charge of a land use fee on a land use right recognized shall commence upon the relevant land registration office's delivery of cadastral information to the tax authority.

A land registration office shall deliver cadastral information to a tax authority in no more than 15 days from the date of receipt of the full and valid application. Upon receiving cadastral information from the land registration office, the tax authority shall notify the land user(s) of financial obligations in no more than 05 days.

If the land registration office or the tax authority delays its delivery of information or determination of financial obligations, respectively, the land use fee shall be charged upon the land registration office’s receipt of the full and valid application.

- The base price of land for calculation of financial obligations upon the reissuance of an invalidly issued certificate of land use right shall be determined in the following manner:

+ If a governmental agency is liable for the invalid issuance of the certificate, the base price shall be that determined upon the issuance of the previous certificate;

+ If the land user is liable for the invalid issuance of the certificate, the base price shall be that determined upon the reissuance of the certificate of land use right with or without ownership of house and properties attached to land;

+ Ministry of Finance shall stipulate detail on the collection, payment and refund of financial obligations pursuant to Clause 5, Article 63 of Decree 43/2014/ND-CP (supplemented in Decree 01/2017 /ND-CP).

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