Important things to know

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

Instructions for registering the new red book name change

What is name change registration?

Land registration is a term used a lot in practice related to land, but currently there is no legal document specifically regulating what land registration is.

However, it can be understood that real estate registration is the registration of changes in real estate including land use rights, home ownership rights and other assets attached to land when transferring, donating, or inheriting.

The registration of land ownership change is essentially a procedure for registering land changes when donating, transferring, inheriting ownership of land-attached assets and land use rights. After completing the registration of land ownership change, the transferee, donee, or inheritor will be named in the Certificate of land use rights, house ownership rights, and other assets attached to land (in practice, it is often called the red book).

What documents are required for registration transfer?

Pursuant to Article 2 of Circular 14/2023/TT-BTNMT, the dossier for registration of transfer of red book ownership for households and individuals in cases of transfer, inheritance, donation of land use rights, house ownership rights and other assets attached to land includes:

(1) Application for registration of changes in land and assets attached to land according to Form No. 09/DK.

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Land change registration form (Form No. 09/DK)

In the case of households and individuals receiving the transfer of agricultural land use rights, the total area of ​​land received as transferred rights must be shown at Point 4, Section I of Form No. 09/DK (Reason for change) as follows: "Receive ... (record the form of land use rights transfer) ...m2 of land (record the area of ​​land received as transferred rights); the total area of ​​agricultural land in use due to receiving the transfer of rights and registered for transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to present is ... m2 (record specifically the area of ​​land received as transferred rights according to each type of land, each locality of province, city under the Central Government)";

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

In case the heir of land use rights and ownership of assets attached to land is the only person, there must be a request for registration of inheritance of land use rights and ownership of assets attached to land of the heir;

(3) Original copy of the issued Certificate;

(4) Document of land user agreeing to allow the owner of property attached to land to transfer or donate property attached to land in case of transfer or donation of property attached to land where the owner of property attached to land is not at the same time the land user.

In addition, when carrying out procedures for registering the transfer of the red book, the transferor, inheritor, or donor of land use rights, house ownership rights, and other assets attached to the land must prepare the following additional documents to submit with the above documents:

- A copy of a valid ID card, citizen identification card, or passport (for the land registration authority to compare information and carry out the procedure for registering the transfer of the red book name according to the provisions of the law on land).

- Original house and land registration fee declaration or valid copy of documents proving exemption from registration fee (if any).

- Personal income tax declaration (applicable to cases where the transferor is a household or individual) in case of inheritance, gift or authorized tax declaration in case of transfer.

In case of personal income tax exemption, there must be documents as a basis to determine the subject of tax exemption according to regulations.

Procedures for registering and transferring red book ownership

Households and individuals who need to register the transfer of the red book after receiving the transfer, inheritance, or donation of land use rights, house ownership rights, and other assets attached to land must do the following:

Step 1: Prepare documents

Households and individuals prepare 01 set of documents for registration of red book transfer including the above documents.

Step 2: Submit application

Households and individuals submit 01 set of documents for registration of red book name change to the Land Registration Office/Land Registration Office Branch (where the land is located) to have the registration of changes resolved according to authority.

The Land Registration Office/Land Registration Office Branch will send cadastral information to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be performed according to regulations for households and individuals.

Step 3: Pay personal income tax and registration fee

After receiving the notice of payment of personal income tax and registration fee from the tax authority, households and individuals shall pay personal income tax (in case of inheritance, donation or authorization in case of transfer), registration fee to the state budget and send tax payment documents, registration fee or confirmation from the tax authority on tax and registration fee exemption to the Land Registration Office/Branch of the Land Registration Office where the application for registration of transfer of red book name was submitted.

Step 4: Get results

Households and individuals will receive a red book with confirmed changes in content or a new red book in case the old red book no longer has space to confirm registration and name change content.

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