The Complete Real Estate Title Transfer Process for Absentees and Required Dossiers

Real estate title transfer process for absentees has become significantly more convenient today, thanks to clear legal regulations and the support of professional services. Even without being physically present, transacting parties can swiftly complete the procedure by grasping the basic steps and preparing the correct necessary dossiers. In this article, Long Phan Consulting Company provides a detailed guide on the entire real estate title transfer process for absentees and the documents required to ensure a smooth and safe title transfer.

What is property transfer? When is it necessary to do so?

“Red Book title transfer” is the common term used by citizens to refer to the procedure of registering land changes (fluctuation registration) when transferring land use rights, or land use rights and land-attached assets, through transactions such as sales, donations, or inheritance. This is a mandatory legal procedure to record the change of user or owner under land laws.

Pursuant to Clause 2, Article 133 of the 2024 Land Law, when transferring a Red Book, the transferee or donee will have the change confirmed on the issued Certificate or be granted a new Certificate of Land Use Rights. Specifically:

• Issuing a New Certificate: The transferee or donee is granted a new Certificate in their name, but must fulfill financial obligations related to issuing the new book blank as prescribed.
• Confirmation on the Existing Certificate: The competent agency will record the transfer or donation content on the supplementary page of the existing Certificate (usually page 3 or 4). In this case, the rights receiver does not have to go through the procedure of issuing a new book but is still fully recognized by the law regarding their lawful rights and interests over the asset.

The entire real estate title transfer process for absentees

Real estate title transfer process for absentees can still be executed smoothly if you understand the sequence and choose the appropriate method. This process is deployed through coordination between notarization practice organizations and the land registration agency, prescribed in Clause 3, Article 27 of the 2024 Land Law and Article 42 of the 2024 Notary Law, helping parties complete the transaction without needing to be physically present at every stage. The specific steps include:

Step 1: Preparing Necessary Dossiers and Documents 

Participating parties (transferor, transferee) must fully prepare identification documents and papers related to land use rights and ownership of land-attached assets. The dossier can consist of original copies for cross-referencing or authenticated copies as prescribed.

Step 2: Establishing the Transfer, Donation, or Inheritance Contract 

Depending on the absentee’s residency status, contract establishment is done via two common scenarios:

• Establishing a Power of Attorney (POA): The absentee creates a POA at a notary office where they reside, authorizing a relative or representative at the real estate’s location. The authorized person will sign the transfer/donation contract on their behalf and directly execute title transfer procedures at the competent agency.
• Remote Pre-Notarization/Authentication: The absentee proactively contacts an agency with notarization or authentication functions to sign and verify the contract first. For Vietnamese residing overseas, authentication is usually done at the Vietnamese diplomatic mission or consular office in the host country. Afterward, the contract is sent back to Vietnam for the remaining party to complete procedures.

Step 3: Notarizing the Contract 

After establishing the contract, the parties proceed with notarization to ensure the transaction’s legal validity:

• In Case of Authorization: The real estate owner and the authorized representative contact a notary office at the property’s location to sign and notarize the contract.
• In Case of Remote Pre-Notarization/Authentication: Upon receiving the verified contract mailed by the absentee, the real estate owner contacts a notary office at the property’s location to finalize the notarization on the contract.

Step 4: Declaring and Fulfilling Financial Obligations 

Once the contract is lawfully notarized, parties declare and pay arising financial obligations at the competent agency where the real estate is located. These include Personal Income Tax, registration fees, and other related charges. After fulfilling these, the executing party receives tax payment receipts to add to the transfer dossier.

Step 5: Submitting the Land Change Registration Dossier 

The title transfer dossier is submitted at the Land Registration Office or the district-level One-Stop-Shop where the property is located. The dossier includes the notarized contract, the Certificate of Land Use Rights, tax receipts, and related documents. If valid, the new owner’s information is updated in the cadastral records.

Step 6: Monitoring and Receiving Results 

The executing party tracks the resolution progress. Upon the deadline, the submitter retrieves the Certificate of Land Use Rights updated with the new owner’s name or a newly issued one. This is the official legal basis confirming the transfer is complete.

Legal documents to prepare for real estate title transfer process for absentees

The legal dossier is the basis for the competent state agency to review and resolve the procedure. Accurate preparation prevents requests for supplementation or dossier rejection. Under Clause 1, Article 42 of the 2024 Notary Law, the following document groups must be prepared:

• Ownership and Use Right Documents: The original Certificate of Land Use Rights, Housing Ownership, and Land-Attached Assets (Red Book/Pink Book).
• Identification Documents of the Parties: Chip-based Citizen ID cards or other valid IDs; certificate of residency information (if necessary); marriage certificate or certificate of marital status of the transacting parties.
• Transaction-Related Documents: Notarized transfer, donation, or inheritance contracts; Power of Attorney (if any) established and authenticated properly.

Taxes and fees payable in real estate title transfer process for absentees

When executing a real estate title transfer process for absentees, transacting parties are obligated to complete taxes and fees as prescribed. These financial obligations include:

• Personal Income Tax (PIT): Under Article 17 of Circular 92/2015/TT-BTC, PIT from real estate transfers is usually calculated at 2% of the transfer value recorded in the contract. For donations or inheritance between closely related persons eligible for tax exemption, the exemption policy applies.
• Registration Fee (Stamp Duty): Pursuant to Article 8 of Decree 10/2022/ND-CP, the registration fee rate for housing and land is 0.5% of the asset value. The calculation price is based on the provincial land price table or the contract price, whichever is higher (Article 7, Decree 10/2022/ND-CP).
• Other Fees and Charges: Includes dossier appraisal fees, Certificate issuance fees (if issuing a new one), and contract notarization fees.

Common risks relating to real estate title transfer process for absentees

Real estate title transfer process for absentees harbors multiple risks due to limitations in physical inspection and dossier control. Some common risks include:

• Legal Dossier Risks: The dossier may contain forged documents, inaccurate information, or invalid POAs, leading to ineligibility at the land registration agency.
• Asset Status Risks: The real estate may be under urban planning, in a dispute, distrained for judgment execution, or blocked from transactions. Absentees face difficulties detecting these issues before signing.
• Procedural Execution Risks: Errors in tax declarations, contract information, or cadastral records can cause dossier rejection, prolonging resolution times or incurring unexpected costs.

>>> See more: Land Title Transfer for Overseas Vietnamese

Long Phan Consulting Company provides real estate transfer consulting services for people living far away

For real estate title transfer process for absentees, utilizing professional services ensures the process complies with regulations, limits risks, and saves time. With practical experience in land and real estate transactions, Long Phan Consulting Company provides comprehensive solutions to safely and effectively complete procedures for clients afar. We structure our professional support into the following key area:

• Review the legal documents of the property and the eligibility of all parties involved in the transaction before proceeding with the transfer of ownership.
• Drafting transfer and gift contracts and power of attorney documents in accordance with legal regulations.
• Providing guidance and support for notarization and authentication services tailored to individual cases, whether located domestically or abroad.
• Complete the declaration, calculation, and fulfillment of all financial obligations related to the transaction.
• The authorized representative will submit the application, work with government agencies, and monitor the progress until the transfer of ownership is completed.

Frequently Asked Questions about real estate title transfer process for absentees

Below are common inquiries regarding real estate title transfer process for absentees:

If you’re not physically present, how can you check if the land is subject to a dispute or zoning regulations?

People living far away can exercise their right to access land information by submitting a request form to the Land Registration Office or searching on local online planning portals. Additionally, authorizing professional consulting firms to conduct on-site inspections is the safest option to avoid potential legal risks.

Is authorization required when transferring ownership of real estate to someone living far away?

It is not mandatory in all cases. Transferring land ownership to someone residing far away does not require authorization; the person with land use rights can still directly carry out the procedure if present at the competent authority, or complete the necessary steps by signing and certifying documents at a consular office abroad. The competent diplomatic representative office can notarize, certify, and legalize documents to allow the person residing far away to complete the application, but it does not impose a mandatory obligation to authorize someone else to act on their behalf.

(Legal basis: Clause 1, Article 5 of Circular 03/2023/TT-BNG, amended and supplemented by Circular 05/2025/TT-BNG)

Who is responsible for paying personal income tax when transferring ownership?

Typically, in property transfer transactions, especially the transfer of real estate or land use rights, the transferor (seller) is obligated to declare and pay personal income tax on the income generated from the transfer. However, the law allows the parties to agree otherwise on who is responsible for paying the tax. Therefore, if the parties agree that the buyer will pay the tax on behalf of the seller, this agreement is still acceptable if clearly stated in the contract.
(Legal basis: Clause 5, Article 3 of the Personal Income Tax Law 2025, effective from July 1, 2026)

In which cases is personal income tax waived when transferring ownership of real estate?

Cases where personal income tax is exempted when transferring ownership of real estate:

• Income from the transfer, inheritance, or gift of real estate between spouses; biological parents and their children; adoptive parents and their adopted children; father-in-law and mother-in-law and daughter-in-law; father-in-law and mother-in-law and son-in-law; paternal grandparents and grandchildren; maternal grandparents and grandchildren; and siblings.
• Income from the transfer of housing, land use rights, and assets attached to residential land by individuals in cases where the individual owns only one house and one plot of land in Vietnam.

(Legal basis: Article 4 of the Personal Income Tax Law 2025, effective from July 1, 2025)

Is it mandatory to switch to a new registration book when transferring ownership?

It is not mandatory to issue a new Certificate in all cases. Depending on the specific situation and the documentation, the competent authority may confirm the changes directly on the issued Certificate or issue a new Certificate of land use rights and ownership of assets attached to the land in accordance with the law.

(Legal basis: Clause 2, Article 133 of the 2024 Land Law)

Conclusion

Real estate title transfer process for absentees demands a thorough understanding of legal standards and practical dossier processing skills. Long Phan Consulting Company commits to accompanying you through every stage, from entity appraisal to finalizing the change updates.

To protect your real estate ownership rights and optimize the administrative process, please contact Hotline 1900636389 for professional support.

>>> See more: Guide to Foreign Investor Property Transfer