Instructions for quick and simple procedures to transfer red book ownership in 2024

Can you tell me how the procedure for transferring the red book name in 2024 is carried out? - Reader Huu Dat

Điều kiện cấp sổ đỏ đất không có giấy tờ trước ngày 1/7/2014

1. Instructions for quick and simple procedures to transfer red book ownership in 2024

Pursuant to Clause 6, Article 95 of the 2013 Land Law, within 30 days from the date of transfer or donation of land use rights or ownership of assets attached to land, the land user must carry out the procedure for registration of changes (also known as changing the name of the red book).

Accordingly, people who need to transfer the red book name can do as follows:

Step 1: Prepare documents to transfer the red book

Land users prepare 01 set of land change registration documents including the following documents:

- Application for registration of changes in land and assets attached to land according to Form No. 09/DK (issued with Circular 24/2014/TT-BTNMT).

- Contract for transfer, donation of land use rights, ownership of assets attached to land.

- Original Certificate of Issue.

- Personal income tax declaration form according to Form 03/BDS-TNCN issued with Circular 92/2015/TT-BTC (applicable to cases where the transferor is a household or individual).

In case of personal income tax exemption, there must be documents as a basis for determining the subject is exempt from tax according to regulations.

- Original copy of the House and Land Registration Fee Declaration Form according to Form No. 01 issued with Decree 140/2016/ND-CP.

- Valid copies of documents proving that the property (or property owner) is exempt from registration fees (if any).

Step 2: Submit application

Land users submit 01 set of land change registration documents to the Land Registration Office/Branch of the Land Registration Office (where the land is located) to have the change registration resolved according to authority.

The Land Registration Office/Branch of the Land Registration Office will send cadastral information to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be performed according to regulations for land users.

Step 3: Pay personal income tax and registration fee

After receiving the notice of payment of personal income tax and registration fee from the tax authority, the land user shall pay personal income tax and registration fee to the state budget and send tax and registration fee payment documents or confirmation from the tax authority of tax and registration fee exemption to the Land Registration Office/Branch of the Land Registration Office where the application for registration of changes was submitted.

Step 4: Get results

Land users will receive a certificate of land use rights, house ownership rights and other assets attached to land with confirmed changes in content or a new certificate in case the old certificate no longer has space to confirm changes in content.

2. Cost of transferring red book in 2024

2.1 Registration fee

Pursuant to Article 3 of Decree 10/2020/ND-CP, organizations and individuals must pay registration fees when registering home ownership and land use rights.

The current registration fee rate for houses and land is 0.5%.

2.2 Application appraisal fee

File appraisal fees are regulated by the People's Councils of provinces and cities:

Circular 85/2019/TT-BTC stipulates that the fee for appraisal of documents when transferring real estate ownership is under the authority of the Provincial People's Council (province, centrally-run city), so the collection rate between provinces and cities will be different.

The fee for appraising the application for a land use right certificate is the fee for appraising the application, the necessary and sufficient conditions to ensure the issuance of a certificate of land use right, house ownership right and property attached to land (including initial issuance, new issuance, exchange, re-issuance of certificates and certification of changes to the issued certificates) according to the provisions of law.

Based on the area scale of the land plot, the complexity of each type of file, the purpose of land use and specific local conditions to determine the fee level for each case.

2.3 Certificate issuance fee (red book issuance fee)

When transferring real estate ownership, if the transferee or donee requests and is granted a new Certificate, this fee will be required.

Fees for granting certificates of land use rights, house ownership rights, and assets attached to land are the fees that organizations, households, and individuals must pay when being granted certificates of land use rights, house ownership rights, and assets attached to land by competent state agencies.

Fees for granting certificates of land use rights, house ownership rights, and assets attached to land include: Granting certificates of land use rights, house ownership rights, and assets attached to land; certificates of land change registration; extracts of cadastral maps; documents; cadastral records data.

Based on specific local conditions and local socio -economic development policies, appropriate fee collection levels are prescribed, ensuring the following principles: Collection levels for households and individuals in districts of centrally-run cities, inner-city wards of cities or towns under provinces are higher than collection levels in other areas; collection levels for organizations are higher than collection levels for households and individuals.

2.4 Notarization and certification fees

The fee for notarization of contracts is determined as follows:

Asset value or contract value	Fee/1 case
Under 50 million VND	50,000 VND
From 50-100 million VND	100,000 VND
From 100-1 billion VND	0.1% of contract value or asset value
From 1-3 billion VND	1 million VND and 0.06% of contract value or asset value exceeding 1 billion VND
From 3-5 billion VND	2.2 million VND and 0.05% of contract value or asset value exceeding 3 billion VND
From 5-10 billion VND	3.2 million VND and 0.04% of contract value or asset value exceeding 5 billion VND
From 10-100 billion VND	5.2 million VND and 0.03% of contract value or asset value exceeding 10 billion VND
Over 100 billion VND	32.2 million VND and 0.02% of contract value or asset value exceeding 100 billion VND

Note : GTHD is contract value.

(Clause 2, Article 4, Circular 257/2016/TT-BTC)

2.5 Personal income tax

- The tax rate for land transactions is 2% of the purchase, sale or sublease price.

- Tax calculation:

+ Personal income tax on income from buying and selling land is determined as follows:

Personal income tax payable = Transfer price x Tax rate 2%

+ In case of land sale and purchase under co-ownership, tax liability is determined separately for each taxpayer according to the ratio of real estate ownership.

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