Important things to know

What are the latest regulations regarding the registration and transfer of land ownership when receiving land use rights through transfer? Please refer to the article below.

Latest guide on registering and transferring ownership of land title.

What is vehicle registration and transfer of ownership?

Land registration and transfer is a term frequently used in practice related to land, but currently there are no specific legal documents defining what constitutes land registration and transfer.

However, it can be understood that land and house registration refers to the registration of changes in land and house ownership, including land use rights, house ownership rights, and other assets attached to the land, when transferring, gifting, or inheriting property.

Land registration is essentially a procedure for registering changes in land ownership when gifting, transferring, or inheriting ownership rights to land-attached assets and land use rights. After completing the land registration procedure, the recipient of the transfer, gift, or inheritance will have their name listed on the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land (commonly known as the land title deed).

What documents are required for vehicle registration and ownership transfer?

Based on the provisions of Article 2 of Circular 14/2023/TT-BTNMT, the registration dossier for transferring land use rights, ownership of houses and other assets attached to the land for households and individuals in cases of transfer, inheritance, or donation includes:

(1) Application for land and property changes according to Form No. 09/DK.

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Land Use Change Registration Form (Form No. 09/DK)

For cases where households or individuals receive the transfer of agricultural land use rights, the total area of ​​land received must be stated in point 4, Section I of Form No. 09/DK (Reason for change) as follows: "Received ... (state the form of land use right transfer) ...m2 of land (state the area of ​​land received); the total area of ​​agricultural land currently in use due to the transfer and registered for land use right transfer from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to present is ... m2 (specify the area of ​​land received according to each type of land and each province/city under the Central Government)";

(2) Contracts and documents regarding the transfer, inheritance, and gifting of land use rights and ownership of assets attached to the land.

If the heir to the land use rights and ownership of assets attached to the land is the sole heir, then an application for registration of the inheritance of land use rights and ownership of assets attached to the land must be submitted by the heir.

(3) Original Certificate issued;

(4) Written consent from the land user to allow the owner of the property attached to the land to transfer or donate the property attached to the land in the case of transferring or donating the property attached to the land where the owner of the property attached to the land is not also the land user.

In addition, when registering the transfer of land use rights, ownership of houses and other assets attached to the land, the transferor, heir, or donor needs to prepare the following documents to submit along with the above-mentioned application:

- A copy of a valid identity card, citizen identification card, or passport (for the land registration agency to verify information and proceed with the land registration and transfer procedures according to land law regulations).

- Original copy of the land and house registration fee declaration form or a certified copy of documents proving eligibility for exemption from registration fees (if any).

- Personal income tax return form (applicable when the transferor is a household or individual) in cases of inheritance, gift, or authorized tax declaration for transfer cases.

In cases where individuals are eligible for personal income tax exemption, they must provide supporting documents to confirm their eligibility as stipulated by regulations.

Procedures for registering and transferring ownership of land title

Households and individuals who need to register the transfer of land use rights, ownership of houses and other assets attached to the land after receiving them through transfer, inheritance, or gift should follow these steps:

Step 1: Prepare the documents

Households and individuals should prepare one set of documents for registering the transfer of ownership of the land title, including the aforementioned documents.

Step 2: Submit your application

Households and individuals submit one set of documents for registering the transfer of land ownership to the Land Registration Office/Branch of the Land Registration Office (where the land is located) for processing of the land ownership change according to their 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 for households and individuals who are required to fulfill financial obligations according to regulations.

Step 3: Pay personal income tax and registration fee.

After receiving the notification from the tax authority regarding personal income tax and registration fees, households and individuals must pay the personal income tax (in the case of inheritance, gifts, or authorized transfer) and registration fees into the state budget and submit the tax payment receipts or confirmation from the tax authority regarding tax and registration fee exemption to the Land Registration Office/Branch of the Land Registration Office where the land title transfer application was submitted.

Step 4: Get the results

Households and individuals will receive a land title certificate with confirmed changes or a new land title certificate if the old certificate no longer has space to confirm registration or transfer of ownership.

Source: https://baoquocte.vn/huong-dan-dang-bo-sang-ten-so-do-moi-nhat-2023-nhung-dieu-quan-trong-can-biet-251826.html