Dragon Law Firm is known as a prestigious law firm specializing in land law in Vietnam. With a team of qualified lawyers, specializing in resolving land disputes, is always the best choice for clients when clients encounter problems related to land.
Dragon Law would like to guide clients the procedures for buy and sell the land and house as follows:
A. Buy, Sell and Transfer of Whole House and Land:
1. Notarization to sales contracts of land and house
The parties come to the competent notary agencies to make contracts for purchase, sale, transfer, inheritance, donation, capital contribution, conversion of land and house.
a, Cost
Expenses include notary fees and charges.
b, Necessary documents need to prepare
Seller (land and house transferor):
- ID card + household registration of both husband and wife
- Certificate of marriage (if married) or certificate of marital status (if not married)
- Certificate of land use right, ownership of houses and other assets attached to land (Red Book).
Note: If the property is donated, inherited, or private property prior to the marriage, only one person must sign it, but must have proof (contact to the legal advisor for specific advice).
Buyers (land and house transferee):
- ID card and household registration of both husband and wife
- Certificate of marriage (if married) or certificate of marital status (if not married)
Note: If the buyer wants to name only by one person, he or she must go through a separate property agreement or a written agreement on the person named on the certificate. (contact to the legal advisor for specific advice).
c, Make and sign contract
After preparing the papers, the two parties buy and sell the property come to the notary practice organization where the real estate is located to carry out procedures for signing the contract. The notary organization will prepare the contract and notarize it according to the law, and then produce four copies of the contract:
- 01 copy to the transferor (the seller)
- 01 copy to the transferee (the buyer)
- 01 copy at the tax office
- 01 copy at the land registration agency
Note: Under Notarization Law 2014, notary organizations are entitled to copy the original documents and have the same legal validity as in the ward People's Committee. Therefore, the parties only need to show the originals to compare and photocopy. The number of copies is not limited.
2. Procedures to buy and sell land and house
Procedures will implemented in the natural resource and environment agency: declaration of tax payment and registration to the red book name.
Total time to complete registration: 45-60 days.
Time limit for receipt of tax notice: 15-20 working days.
Time limit for result: 15-20 working days from tax receipt.
a, Declaration and payment to taxes
Document Receiving Agency: One-door department of Land Registration Offices (branches of land registration offices).
Expenses, taxes, charges for buying and selling houses and land include:
- Personal income tax: 2% of the total value of assets;
- Registration tax: 0.5% of the total value of assets;
- Cadastral fee: VND 15,000 / case;
- Fee for examination of dossiers: The charge rate is equal to 0.15% of the transfer value (at least VND 100,000 up to a maximum of VND 5,000,000 / case);
The composition of the dossier includes:
- Registration fee declaration (02 copies signed by the buyer)
- Personal income tax declaration (02 copies signed by the seller, or in case of agreement in the contract on buyer’s duty that the buyer can sign)
- Application for change registration (01 original)
- Notarized contract (02 originals)
- Certificate of land use right, ownership of houses and assets attached to land (02 copies certified by competent authorities).
- 02 Copies of the documents presented when notarizing a contract (ID card, household registration, marriage certificate or marriage status certificate).
b, Steps for buying, selling procedures of land and house
- After receiving the above documents, the one-door department will have an appointment to receive tax notice.
- After the tax notice, the applicant shall be responsible for payment into the state budget according to the tax notice.
- After paying tax, collect tax receipts to the one-door department of the Environmental resource agency to send the remaining dossiers and tax receipt.
- After receiving the dossier, the one - door department will have an appointment paper to receive the result (to get the red book).
Note: Within 10 days from the date of making the contract, the parties must declare the registration fee, personal income tax, in case of the due time, parties shall be subject to tax penalty in accordance with state regulations. If the problem arise, the natural resources and environment body shall reply in writing or request the correction of the errors. If clients cannot add or have any other problems, please contact to Dragon Law immediately to get the earliest legal advice in buying and selling land, house.
B. Buy, Sell and Transfer of Partial House and Land:
1. Conditions for land division
Find out if a parcel of land is eligible for partial division. Conditions for splitting the parcel:
- Have front width and depth of 3m or more.
- An area of not less than 30m2 per plot (ex., if a plot is split in two, the area of the separated land plot must be 60 m2 or more). Land was issued red book, not in the state plan.
- If the conditions for splitting the above land, then proceed with the procedures of buying and selling as follows: hire a company with the function of measuring and drawing excerpt of land parcel, house status (choose experienced companies, reasonable costs, should not ask the natural resource and environment agency, as the cost may be grow up).
2. Procedures for buying and selling houses and land
Step 1: The transferor will ask for the official letter of land division at the natural resource and environment office
Performing time: 15-21 days
The purpose of applying for this letter is to re-determine the parcel of land that is eligible for splitting in accordance with the law and regional planning.
The transferor shall send the dossier of application for the separation of the land plot to the land use rights registration office, comprising:
- Application for separation of declaration form
- Original land use rights certificate (01 original + 01 copy).
- The technical file of the land parcel showing the transferred area (at least 3 originals)
- Minutes of house status (at least 3 originals if transferred land parcel attached house on land)
- 02 copies of ID card + Household registration book of transferor and transferee party
- Other documents required by each province
The land use rights registration office will check the land status, if the conditions for separating the land plots are satisfied, then the written consent for land separation.
Note: Some districts will keep the original copy of the applicant for splitting and return the copy with the stamp of environmental resources
Step 2: Notarization and procedures for buying and selling land and house at the natural resources and environment agency
This procedure is similar to the case of transfer of the above whole house and land.
The difference is that the application dossier will add:
- The technical file of the parcel of land
- Minutes of house status (if any)
- Written agreement on the separation of the natural resources and environment agency
The above guide is the whole information to consider about the procedures for buying and selling land, to change the name of the red book. If clients demand to use one of best law firm in Vietnam in real estate, Dragon Law's legal services on land and house or would like more information, please contact the free legal advice service at 1900 599 979 or send to Dragon Law an e-mail inquiry through dragonlawfirm@gmail.com to be free consulted.
The famous law firm in Hanoi in real estate.
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Dragon Law Firm - Hotline: 1900.599.979
Email: dragonlawfirm@gmail.com
Website: www.dragonlaw.vn
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