Consulting services on land use rights transfer transactions

Land use rights transfer transactions bring many investment and development opportunities. Carrying out this transaction properly will help ensure the rights of both the buyer and the seller, while also avoiding legal disputes later. Understanding the regulations and complying with the transfer steps not only saves time but also helps you feel secure in the process of owning land. In the following article, Long Phan will analyze in detail the steps to carry out land use rights transfer transactions.

Conditions for transferring land use rights

According to Article 45 of the Land Law 2024, the transfer of land use rights must meet the following conditions:

• Have a certificate of land use rights, ownership of housing and other assets attached to land (except for some special cases such as inheritance, conversion of agricultural land, donation to the State, etc.).
• The land is not in dispute or the dispute has been resolved according to the law.
• Land use rights are not subject to distraint or enforcement measures.
• The land is at its expiration date.
• Not subject to temporary emergency measures according to the law.

Does a land use rights transfer contract need to be notarized?

According to the provisions of Point a, Clause 3, Article 27 of the Land Law 2024, land use rights transfer contracts must be notarized or authenticated. Specifically:

• Notarization is performed at notary practice organizations;
• Authentication is done at the commune-level People’s Committee where the land is located.

Notarization and authentication are intended to ensure the legality of the transaction and protect the interests of the parties involved. A contract that is not notarized or authenticated will have no legal value.

You need to prepare the following documents after notarization:

• Notarization request form
• Draft contract (if any)
• Identity documents of the parties
• Certificate of marital status
• Certificate of land use rights
• Power of attorney (if any).

Notarization fees are paid by the person requesting notarization according to the provisions of the Law on Notarization. The parties can agree on who will pay this fee.

Procedures for transferring land use rights

Profile components

To carry out procedures for transferring land use rights, you need to prepare documents including:

• Land change registration application according to Form No. 11/DK
• The transfer contract has been notarized
• Original land use rights certificate
• Identity card/Citizen identification card of the parties
• Household registration book (if any)
• Certificate of marital status
• Land use fee payment certificate (if any)
• Documents proving tax exemption (if any)
• Personal income tax declaration (applicable to households and individuals who are the transferor)
• Original real estate registration fee declaration
• Legal representation document according to civil law provisions in case the registration procedure is carried out through a representative.

You should carefully check your application before submitting it to avoid errors and delays in the processing of procedures.

CSPL: Article 37 of Decree 101/2024/ND-CP.

Implementation procedures

The process of transferring land use rights includes the following main steps:

Step 1: Notarize the transfer contract:

• Submit documents to the notary practice organization or the commune-level People’s Committee where the land is located
• Pay notary fees according to regulations

Step 2: Register land changes:

• Submit documents at the Land Registration Office
• Processing time: 10 working days

Step 3: Fulfill financial obligations:

• Pay taxes and fees as notified
• Types of taxes and fees payable: Registration fee, personal income tax, cadastral fee

Step 4: Receive Land Use Rights Certificate:

• Submit tax and fee receipts
• Receive a Certificate that has been updated with new information

You should note that you must register changes within 30 days from the date of notarization of the contract to avoid being subject to administrative penalties.

CSPL: Article 37 of Decree 101/2024/ND-CP, Clause 3, Article 133 of the Land Law 2024.

Some risks in transferring land use rights

Land use rights transfer transactions have many potential legal risks that you need to pay attention to effectively prevent. Key risks include:

• Disputes over land ownership: Land may be in dispute or unresolved, such as an unclear boundary issue with an adjacent plot of land.
• Incomplete or fake legal documents: The land use right certificate may be invalid or the information does not match reality.
• Legal capacity of the parties: The transferor must have full civil capacity, and if there is co-ownership, the consent of all parties is required.
• Transfer restrictions: Land that is distrained or mortgaged is not allowed to be transferred.
• Inaccurate contract: The contract needs to be drafted carefully, at the correct value to avoid tax risks and must be notarized properly.
• Non-compliant administrative procedures: Change registration and tax declaration need to be carried out according to the correct process and time.
• Land planning and use: Land that is planned for recovery or is not used for the right purpose will be difficult to transfer.

To limit risks, you need to carefully evaluate the legal status of the land, check the transfer conditions and comply with the correct legal process. If there is a dispute, you can negotiate, conciliate or ask the Court to resolve it.

Consulting services on issues of land use rights transfer transactions of Long Phan

Scope of our services

At Long Phan, we provide dedicated and professional land use rights transfer consulting services. We provide services including:

• Full consultation on conditions for transferring land use rights;
• Detailed legal appraisal of land use rights status;
• Drafting land use rights transfer contracts;
• Representing customers to carry out transfer registration procedures at competent state agencies;
• Consulting and supporting the resolution of land disputes arising during the transfer process, protecting customer rights;
• Consulting on tax obligations and fees to be paid when carrying out land use rights transfer transactions, ensuring compliance with legal regulations;
• Check planning and land use purposes, helping customers avoid future legal risks;
• Consulting on issues related to land inheritance, mortgages, guarantees and other legal restrictions affecting transfer rights;

Benefits that our services bring

Benefits of using Long Phan’s land use rights transfer consulting service:

• Ensuring legality: All transactions are carried out in accordance with the provisions of the Land Law 2024, helping to avoid legal problems later.
• Save time and costs: You will save time and costs thanks to quick and effective procedures.
• Minimize legal risks: We help you prevent legal risks such as ownership disputes, invalid documents, and other legal issues.
• In-depth consultation: You will receive detailed and complete advice on issues that arise during the process of transferring land use rights.
• Support in resolving problems: We are always ready to support and provide legal solutions, helping to ensure the efficiency and safety of transactions.
• Update the latest information and regulations: Our services are always updated with changes in legal regulations, helping you grasp information promptly.
• Maximum support in preparing documents: We help you prepare complete and accurate documents, ensuring legal procedures are completed without errors.

Using Long Phan’s services, you will be completely assured about the legality and effectiveness of land use rights transfer transactions.

Land use rights transfer transactions can pose many legal risks if not carried out properly. When using Long Phan’s services, you not only save time and costs but are also guaranteed legal safety in every step of the transaction. We provide comprehensive support, from in-depth consulting to handling arising problems, helping you carry out transactions effectively and with peace of mind. For detailed advice, please contact via Hotline: 0906735386.