Instructions for transferring land use rights while leasing

TRANSFERING LAND USE RIGHTS  OF THE LEASED LAND

 

OUTLINES

1.  Conditions for leasing land use rights.

2.  Termination or unilateral termination of the land lease contract.

3.  Order and procedures for transferring land use rights..

• Currently, transactions related to leasing land for production and business,... are no longer strange to people. However, stemming from reality, there are many cases related to the lessor wanting to terminate the land lease contract to transfer the land use right. So, in case the land is being leased, is it possible to transfer the land use right? The following article will guide you on the order and procedures for terminating a land use right lease contract to transfer land use rights, helping readers understand the necessary information.

 

Conditions for leasing land use rights( Illustration)

1.  Conditions for leasing land use rights:

1. Land lease right:

• Individuals using land may transfer land use rights as prescribed in Clause 1, Article 167 of the Land Law 2013 through the form of conversion, transfer, inheritance, donation, lease, sublease, sub-lease, and sub-lease. mortgage and contribute capital according to the provisions of the Land Law. Thus, land users have the right to lease land use rights.
• The group of land users includes individuals and households that exercise their rights and obligations to use land according to the provisions of households and individuals in the 2013 Land Law.

• According to Clause 2, Article 167 of the 2013 Land Law, which stipulates that if a member is an economic organization in the group of land users, the rights and obligations under the economic organization are specified in this Law. In case a group of land users divides land use rights into parts corresponding to each member of the group, if each member wants to transfer his/her land use right, he/she must first carry out the procedures for division of the parcel according to regulations. , then carry out the procedures for the issuance of the Certificate and transfer the land use rights according to regulations. In case the land use rights of a group of land users cannot be divided into parts, they shall authorize another person to act as a representative to transfer the land use rights according to regulations.

2. Conditions for leasing land use rights:

• According to Article 188 of the 2013 Land Law, the conditions for leasing land use rights are as follows:

• A certificate is required, except for the following cases: Foreigners or overseas Vietnamese who are not eligible to buy houses associated with land use rights in Vietnam are the heirs of the land use rights, ownership of houses and other land-attached assets shall not be granted a Certificate according to Clause 3, Article 186 of the Land Law; The land user shall convert the agricultural land use right after the decision on land allocation or land lease is issued; in case the land user is the heir to the land use right, he/she may exercise the right to convert upon obtaining the Certificate or meeting all conditions for issuance of the Certificate; In case the land user is entitled to debit or late performance of his financial obligations, he/she can exercise the right of conversion until the obligation is fulfilled as prescribed in Clause 1, Article 168 of the Land Law.
• There is no dispute over the land.
• Not to be distrained to secure judgment enforcement for land use rights.
• The land is still in use.

Termination or unilateral termination of the performance of the land lease contract

2.  Termination or unilateral termination of the performance of the land lease contract::

1. Contract for lease of land use rights:

According to Article 500 of the 2015 Civil Code, a contract on land use rights is an agreement between a land user and another person on the exchange, transfer, lease, sublease, mortgage or donation of land, contribute capital to land use rights or exercise other rights in accordance with this Law, whereby the parties perform their rights and obligations as agreed upon in the contract.

Thus, a contract for leasing land use rights is one of the types of contracts on land use rights. For land use right lease contracts that are not required to be notarized or authenticated, the rights and obligations of the parties shall comply with the Civil Code 2015.

2. Guarantee the right to use for the lessee:

According to Article 478 of the 2015 Civil Code, the lessor must ensure a stable right to use the property for the lessee. In case the leased property has a dispute over ownership but the lessee is not able to use the property stably, the lessee has the right to unilaterally terminate the contract and demand compensation for damage.

3. Termination or unilateral termination of the land use rightslease agreement

According to Article 422 of the 2015 Civil Code, the contract is terminated according to the agreement of the two parties; when the contract has been completed; individuals entering into institutional contracts, legal entities entering into contracts cease to exist; the contract is canceled, unilaterally terminate the performance; the subject matter of the contract no longer exists; the contract is terminated according to the provisions of Article 420 of this Code and other cases as prescribed. .

From the above provisions, in case the land is being leased and the land user wants to transfer the land use right, it can reach an agreement with the lessee on the termination of the contract or notify the lessee in advance of the termination of the contract. In case of unilateral termination of the contract without prior notice, causing damage to the lessee, the lessee has the right to claim compensation for damage according to regulations.

3.  Order and procedures for transferring land use rights:

  According to Article 79 of Decree No. 43/2014/ND-CP guiding the order and procedures for transferring land use rights as follows:

• Step 1: The land user prepares 01 set of notarization request documents for the notary office, including: Notarization request form according to the form of contract or transaction; Contract for transfer of land use rights; Certificate of land use right (copy); Identity document (copy) and other documents related to the contract.
• Step 2: After notarization, the land user prepares a set of documents: Land use right transfer contract; Certificate of land use right (copy); Identity papers of both parties and submit the application to the Land Registration Office.
• Step 3: After receiving the application from the land user, the land registration office is responsible for checking the application. If the application file fully meets the conditions for transfer of land use rights, the land registration office shall perform the following tasks:

• For cases where financial obligations must be fulfilled, the land registration office shall send cadastral information to the tax authority for the tax agency to determine and notify the collection of financial obligations as prescribed;
• The land registration office confirms in the Certificate of having granted the change in content according to regulations;
• In case a Certificate is required, the Land Registration Office shall make a dossier and submit it to the competent authority for granting the Certificate as prescribed;
• Edit and update changes in cadastral records and land databases;

• Step 4: The land registration office hands the land use right certificate to the grantee or sends it to the commune-level People's Committee to hand the land use right certificate to the land user.

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• The above is the content of some regulations on the instructions for transferring the right to use while leasing of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.