Conditions for transferring enterprise land use rights under the new law

Conditions for transferring enterprise land use rights are a prerequisite for businesses to carry out this transaction legally. Understanding the conditions prescribed by Land Law 2024 helps businesses avoid risks and ensure rights during the transfer process. This article will delve into the analysis of conditions, procedures, and important notes when businesses transfer land use rights.

Conditions for transferring enterprise land use rights

Enterprises that want to exercise the right to transfer land use rights must meet the conditions specified in Article 45 of the Land Law 2024. Specifically, these include the following conditions:

1. Have a Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights, ownership of assets attached to land
2.  The land is not in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration has taken legal effect;
3. Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;
4. During the land use term;
5. Land use rights are not subject to temporary emergency measures according to the provisions of law.

>>> See more: Can FDI enterprises receive land use rights transfer?.

Special cases:

• If the enterprise transferring land use rights already has technical infrastructure in the real estate project, the enterprise must meet additional conditions of the Law on Real Estate Business and the Law on Housing.
• In case of buying and selling assets attached to land or lease rights in land lease contracts with annual land rental payments, businesses must meet the conditions in Article 46 of the Land Law 2024.
• If an enterprise is allowed to delay or debit its financial obligations, the enterprise must complete its financial obligations before transferring the land use rights.

Strict compliance with the above conditions is a solid legal basis, helping businesses carry out land use rights transfer transactions safely and effectively.

Procedures for transferring land use rights of enterprises

Procedures for transferring land use rights of enterprises are carried out according to the following steps:

Step 1: Sign the transfer contract:

The two parties sign a notarized and authenticated transfer contract according to the provisions of Clause 3, Article 27 of the Land Law 2024, Article 40 of the Notary Law 2014, Article 36 of Decree 23/2015/ND-CP.

Note: A land use rights transfer contract in which one party or parties participating in the transaction is a real estate business organization must be notarized or authenticated at the request of the parties.

Step 2: Carry out name transfer procedures

The parties declare financial obligations and carry out name transfer procedures as prescribed in Article 29 and Article 37 of Decree 101/2024/ND-CP. Profile included

• Application for registration of changes in land and assets attached to land according to Form No. 11/DK promulgated together with this Decree.
• Certificate issued.
• One of the types of documents related to the content of changes in land and assets attached to land for each specific case as prescribed in Article 30 of this Decree.
• Document on representation according to the provisions of civil law in case of carrying out procedures for registering land and assets attached to land through a representative.

Fulfill financial obligations, with documents proving:

• Original registration fee declaration according to Form No. 01/LPTB issued with Circular 80/2021/TT-BTC.
• Corporate income tax declaration if the enterprise is applying tax calculation using the ratio-to-revenue method.

Submit your application at the One-Stop Department of the Provincial People’s Committee or the Land Registration Office.

The land registration agency sends information to the tax agency to determine financial obligations.

Enterprises pay money according to the tax authority’s notice and wait for the results.

Procedure processing time: no more than 10 working days (according to point a, clause 2, Article 22 of Decree 101/2024/ND-CP).

Preparing complete documents and following them in the right order helps businesses save time and ensure transactions go smoothly.

Things to note when transferring enterprise land use rights

During the process of transferring land use rights, businesses need to pay attention to a number of important issues to avoid legal risks and ensure their rights:

• Carefully check the legality of land use rights, ensure the land has no disputes and is eligible for transfer.
• Clearly agree on the terms of the transfer contract, especially regarding price, payment method and land delivery time.
• Enterprises need to prepare complete documents according to regulations to avoid prolonging the procedure time.
• Grasp planning information, disputes, or other unfavorable information related to the real estate being traded.
• Fulfill all financial obligations according to the provisions of law.

Understanding these notes helps businesses carry out land use rights transfer transactions safely and effectively.

Consulting services on conditions for transfer of corporate land use rights

Long Phan Consulting Company provides professional consulting services on land use rights transfer for businesses. We support customers from the stage of preparing documents to completing name transfer procedures, ensuring benefits and peace of mind for businesses. Services include:

• Consulting on conditions for transferring land use rights of enterprises.
• Research documents and provide legal opinions on conditions for transferring land use rights.
• Draft and evaluate transfer contracts.
• Assist customers in completing land change registration procedures at competent authorities.
• Advise and support customers in fulfilling financial obligations related to transactions.
• Resolve disputes arising (if any) related to land use rights transfer transactions.

Long Phan Consulting Company provides professional and effective legal consulting services, helping customers carry out land use rights transfer transactions conveniently and safely.

>>> See more: Drafting legal land use rights transfer contracts.

Frequently asked questions about conditions for transferring enterprise land use rights

Below are frequently asked questions about conditions for transferring enterprise land use rights, customers can refer to:

What are the prerequisites for businesses to transfer land use rights?

Enterprises must have a certificate of land use rights, land without dispute, land use rights that are not distrained and within the period of use.

What financial obligations do businesses need to fulfill when transferring land use rights?

Enterprises need to fulfill their obligation to pay registration fees and corporate income tax (if any).

How to verify the legality of land use rights before transferring?

Enterprises need to carefully check the land use right certificate, dispute status and planning of the land plot.

What legal risks can businesses encounter when transferring land use rights?

Risks include disputes over land use rights, invalid contracts, and unfulfilled financial obligations.

What documents need to be prepared in the land change registration application?

It is necessary to prepare an Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with Decree 101/2024/ND-CP, an issued Certificate, one of the documents related to the content of changes in land and assets attached to land for each specific case as prescribed in Article 30 of this Decree and a Document on representation according to the provisions of civil law in case of carrying out procedures. Procedures for registering land and assets attached to land through a representative.

If a business owes land use fees, is it allowed to transfer?

If an enterprise is allowed to delay or debit its financial obligations, the enterprise must complete its financial obligations before transferring the land use rights.

When transferring land use rights with technical infrastructure in a real estate project, what additional conditions must businesses meet?

If the enterprise transferring land use rights already has technical infrastructure in the real estate project, the enterprise must meet additional conditions of the Law on Real Estate Business and the Law on Housing.

Conclude

To ensure that the process of transferring land use rights of your business takes place smoothly and legally, customers should seek advice and support from experts in the land field. Long Phan Consulting Company is proud to be a reliable partner, accompanying customers in all real estate transactions. If you have any questions, please contact us immediately at hotline: 0906735386 for advice and support.