My parents have 3 children who are all adults and over 18 years old. Currently, my family's land plot is in Nam Dinh province with a red book in my parents' name but is a family household. My brother is married and living abroad, my sister lives in Ho Chi Minh City. Now my parents agree to give me this land plot, and my brother and sister agree to sell it to me for 500 million VND.
So I want to change the red book from a household to only have my name on it. What is the most convenient way and procedure and where to do it? Do I have to pay taxes?
Reader Hoang Phat.
Consulting attorney
Lawyer Nguyen Tien Hieu (Dai Quoc Viet Law Office, Ho Chi Minh City Bar Association) advised that according to Clause 29, Article 3 of the Land Law, the red book issued for household land is the red book issued to members of the household who share the right to use the land when meeting two conditions:
First: have marital, blood, and foster relationships.
Second: living together and having the right to use land together at the time of being allocated land by the State, leasing land, recognizing land use rights, or receiving transfer of land use rights.
Lawyer Nguyen Tien Hieu (Dai Quoc Viet Law Office, Ho Chi Minh City Bar Association)
Accordingly, when transferring or donating land use rights of a household, there must be the consent of members sharing land use rights.
If your brother or sister meets the above conditions, they have the right to decide with their parents on the land plot. In case your brother or sister has lived separately before the state recognized the land use right, and your parents want to give it to you, your brother or sister has no right to object or agree.
The procedure for changing the certificate from the household to your name will follow the general procedure. Specifically, the members of the household will make a contract to donate or transfer the land plot to you at the notary office where the land is located (in Article 42 of the Notary Law) or certify it at the People's Committee of the commune where the land is located.
Both parties of donation and transfer must have a notarized contract.
Currently, your brother is abroad. To avoid the expense of returning home, according to Clause 1, Article 78 of the Notary Law, your brother can go to the diplomatic representative agency or consular representative agency of the Socialist Republic of Vietnam abroad to notarize the authorization document for your parents to do the transfer procedure for you. At the same time, your sister is in Ho Chi Minh City, so go to a notary organization in Ho Chi Minh City to make a contract authorizing your parents to do the transfer for you.
Pursuant to Article 3 of Circular No. 111/2013 of the Ministry of Finance , real estate transfers and gifts between parents and children, and between siblings are exempt from personal income tax.
Next, you submit your personal income tax declaration, registration fee, etc. Once you have completed the above two steps, you submit your application to register the change of ownership to the People's Committee of the commune where the land is located, or to the branch of the district land registration office in the province where the land is located. If the locality has established a one-stop department, you can submit your application here.
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