Conditions and procedures for transferring mortgaged land use rights

CONDITIONS AND PROCEDURES FOR

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Figure 1. Thinh Tri Law - Conditions and procedures for transferring mortgaged land.

If the red book is mortgaged at a bank or mortgaged at other organizations and individuals, the land use right may still be transferred or donated if the mortgagee agrees. In this article, Thinh Tri Law will present the conditions and procedures for transferring and transferring the mortgaged red book name.

OUTLINES

1. Conditions for transferring mortgaged land..

Conditions of the transferee of land use right or donation of land use right: The transferee or donation of land use right must not fall into the following cases not to receive the transfer or donation of the land use right in accordance with the provisions of Article 191, 192 of the 2013 Land Law.

Pursuant to Clause 8, Article 320 and Clause 5, Article 321 of the Civil Code 2015 stipulates that in order to transfer the land use right or donate the mortgaged land use right, the consent of the mortgagee must be obtained.
In fact, if the mortgagee is a bank, that this unit rarely agrees to allow the transfer of land use rights or donation of land use rights. If the mortgagee is an individual, this will be easier to negotiate.
If the mortgagee agrees to the transfer of the land use right they are mortgaged or donated the land use right they are mortgaged, the nature of the transferee or donor allows to "replace" the substitute.
In addition to the above conditions, you need to meet other conditions such as: Voluntaryness, not being deceived, transaction parties must have full civil act capacity, etc.

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Figure 2. Thinh Tri Law - Advice on procedures for transferring mortgaged red book.

Step 1: Notarization and certification of the contract of transfer or donation of land use rights

The notarization and authentication of land use rights transfer contracts, house and land donation contracts are mandatory procedures (based on Point a, Clause 3, Article 167 of the 2013 Land Law).
Pursuant to Articles 40 and 41 of the Law on Notary 2014 stipulates, the parties must prepare the application for notarization with the following documents:

If the land use right transferor pays personal income tax on its own, it must submit a tax return within 10 days from the effective date of the contract on land use right transfer or donation.
If the transferee pays personal income tax and in case the house or land is donated, the personal income tax and registration fee declaration dossiers must be submitted no later than the time of submission of registration documents of volatility (submitted along with step 03).

If you are exempt from personal income tax or registration fee, you still have to declare and submit a personal income tax and registration fee declaration to the State for management.

In fact, step 2 and step 3 will be done at the same time, so the composition of the application file fluctuates, including the personal income tax return and registration fee.

DOSSIER:

Application for registration of land change (Form No. 09/DK).
Contracts on transfer of land use rights or donation of land use rights shall be notarized or authenticated according to the provisions of law.
Original Certificate of land use right (Red Book, Pink Book).
Personal income tax return (form is available).
The original registration fee declaration form according to Form No. 01
Papers used as a basis for determining that they are exempt from personal income tax and registration fee (if any).
Agreement of the transfer or donation of the mortgagee.

Submit directly to the People's Committees of communes, wards and townships with land if households and individuals have demand.
Do not submit at the People's Committee of the commune, ward or township where the land is located.

For localities that have established the One-Stop-Shop, households and individuals will submit their dossiers at the district-level One-Stop-Shop Department (at district level, district, town, provincial city, city under central authority).

For localities that have not yet established one-stop shops, households and individuals shall pay directly at the district-level land registration office branch where the land is located. If that locality has not organized a branch of land registration office, it must be submitted directly at the district-level land use right registration office.

If the application is complete with documents, the person receiving the application will record it in the record-receiving book and give an appointment card (with the time to return the results) to the applicant.
If the dossier is valid as prescribed by law, the tax authority will notify the applicant to proceed to pay personal income tax and fee before you and the deadline for submission.

RESULT:

Processing time: No more than 10 working days since the date the competent authority receives the valid dossier; no more than 20 days is the case for mountainous communes, islands, remote areas, areas with difficult socio-economic conditions or extremely difficult areas. The above time limit will not be counted in the period of financial obligation performance, etc.
Hope this article of Thinh Tri Law will bring useful information to you.