Drafting legal land use rights transfer contracts

Article overview

Land use rights transfer contracts are the key to protecting legal rights in real estate transactions. This document establishes the rights and obligations of the participating parties, ensuring transparency and legal safety. Drafting contracts properly not only complies with the law but also creates a solid foundation for the success of the transaction. The following article by Long Phan will help parties confidently carry out land use rights transfer transactions.

The land use rights transfer contracts are governed by legal regulations
The land use rights transfer contracts are governed by legal regulations

Rights and obligations of the parties in a land use rights transfer contracts

The land use rights transfer contracts clearly stipulate the rights and obligations of the transferor and transferee. This is important content to ensure transactions are transparent and legal. Specifically, the parties will have the following rights and obligations:

For the transferor

Rights of the transferor:

  • Receive transfer money as agreed in the contract.
  • Require the transferee to properly perform the agreed obligations, including full and timely payment.
  • Cancel the contract or request compensation for damages if the transferee violates the terms of the contract.

Obligations of the transferor:

  • Deliver land and related documents on time and at the agreed location.
  • Ensure that land use rights are legal and have no disputes, are not distrained to ensure judgment enforcement, and have a valid land use term.
  • Pay taxes and fees as prescribed by law (if any).
  • Provide complete and accurate information about the land plot to the transferee.

For the transferee

Rights and obligations of the transferee (land buyer):

  • Request the transferor to hand over the land and related documents according to the agreement.
  • A Certificate of land use rights (red book) will be issued after completing the transfer procedures.
  • Claim compensation for damages if the transferor violates its contractual commitments.

Obligations of the transferee:

  • Pay in full and on time as agreed in the contract.
  • Carry out procedures for registering land use rights and pay fees and charges as prescribed by law.
  • Ensure land use is in accordance with the law and is compliant with land use conditions (if any).

Thus, each party in a land use rights transfer contract has specifically stipulated rights and obligations to ensure fairness and transparency in the transaction.

 Note the rights and obligations of the parties when signing a transfer contract
Note the rights and obligations of the parties when signing a transfer contract

The most standard form of land use rights transfer contract

The standard form of land use rights transfer contract is specified in Decree 96/2024/ND-CP. This form includes basic content such as information about the parties, land plot characteristics, transfer price and payment method. Refer to the sample text here:

Attached – Latest form of land use rights transfer contract .docx

Some notes when drafting land use rights transfer contracts

When drafting a land use rights transfer contract, the parties should carefully pay attention to the following contents:

  • Legality of the land plot. Land must have a valid certificate of use rights and be free of disputes.
  • Information about the land plot needs to be accurately described, including area, location, plot number and map. The transfer price and payment method must be clearly agreed between the parties.
  • The contract needs to specifically stipulate the time of land allocation, handover of documents and responsibility for paying taxes and fees.
  • The terms of each party’s rights and obligations must be clearly stated to avoid future disputes.

Benefits of using the service of drafting land use rights transfer contracts

Using the service of drafting land use rights transfer contracts brings many benefits to the parties. Specifically:

  • Helps parties involved in transactions ensure their rights and avoid legal risks.
  • Helps ensure the legality and accuracy of contracts, complying with current legal regulations.
  • Legal experts will advise on the rights and obligations of the parties, help prevent risks of disputes as well as assist in handling complex issues related to planning or land disputes.
  • This service also saves time and effort for the parties, while also providing advice on taxes and additional costs. The drafted contract will be customized to the specific requirements of each transaction.
Benefits when parties use consulting and support services
Benefits when parties use consulting and support services

Consulting services and support for drafting land use rights transfer contracts accurately according to legal regulations in Long Phan

Consulting services and support for drafting land use rights transfer contracts to ensure accuracy and compliance with the law. With an experienced team, Long Phan brings effective solutions, best-protecting customers’ interests. Below are the main consulting services at Long Phan:

  • Consulting on the necessary contents in land use rights transfer contracts
  • Consulting on solutions to limit risks during contract implementation
  • Advise on how to determine the current status and legality of the land plot
  • Provide a standard land use rights transfer contract form
  • Consulting and supporting the drafting of land use rights transfer contracts
  • Support in collecting and verifying legal documents related to land plots.
  • Support in the notarization process, registration of land changes and other administrative procedures to help the transfer process go smoothly and in accordance with regulations.

Drafting a land use rights transfer contract in accordance with regulations is an important step, ensuring the transaction goes smoothly and protecting the interests of both parties. With professional support, customers will have a tight, transparent and legally compliant contract. Please contact Long Phan via hotline 0906735386 for detailed advice and to bring peace of mind and success to your transactions.