Procedures for transferring land use rights of co-ownership

PROCEDURES FOR TRANSFERRING

LAND USE RIGHT OF CO-OWNER SHIP

Procedures for transferring the land use right of co-ownership.

OUTLINES

1. Regulations on land use rights co-owned.

2. Conditions for transfer of co-owned land use rights.

3. Procedures for transferring land use rights under co-ownership..

• Land is usually the property of individuals, but there are still cases of co-ownership such as husband and wife, brothers contributing money to buy together, etc. If you are in need of transferring the land use right of co-ownership, let's find out the land co-ownership regulations, conditions and transfer procedures in this article!

1. Regulations on land use rights of co-ownership:

• According to the provisions of Clause 2, Article 98 of the Land Law 2013:

“For a land plot with many people sharing the same land use rights, and many people sharing houses and other land-attached assets, the Certificate of land use rights and ownership of houses and other land-attached assets must be fully write down the names of people who have the same land use rights and who are the common owners of houses and other land-attached assets and issue 01 Certificate to each person; In case the users and owners request, the same Certificate shall be issued and given to the representative.”

• That is, the law allows people to contribute money to buy land together. The land use right certificate will show all the information of the co-owners and the state agency will issue one certificate to each person separately, the owners who request to only issue one together will only issue one and give it to the representative.
• The content of the land use right certificate can be fully written about the owners "jointly using the land, jointly owning assets attached to the land". The rights and obligations to use land jointly owned are divided according to the percentage of capital contribution received from the previous owner or as agreed by the owners.

➤ Read more: Is it possible to transfer land without papers?

2. Conditions for transferring the land use right of co-ownership:

Điều kiện chuyển nhượng quyền sử dụng đất đồng sở hữu.

• Similar to a normal land transfer transaction, the co-owner when transferring land needs to comply with the conditions in Clause 1, Article 188 of the 2013 Land Law, specifically:

• Having a certificate of legal land use right;
• The land is not in dispute;
• The right to use the land is not impaled as security for judgment enforcement;
• Still in the land use period.

• When transferring the land use right of co-ownership, the seller and the buyer must enter into a contract and notarize/authenticate according to the provisions of Point a, Clause 3, Article 167 of the 2013 Land Law, unless there is a involvement of real estate business entities.
• At the same time, according to Clause 2, Article 64 of Decree No. 43/2014/ND-CP, the transfer of land use rights under co-ownership must have the consent of all joint owners, if one or the other entities disagree, then the remaining members have the right to request the Court to settle in accordance with law.

➤  Read more: How long does it take to transfer land use rights?

3. Procedures for transferring co-owned land use rights::

Procedures for transferring land use rights under joint ownership are carried out according to the following steps:

• Step 1: Make a land transfer contract and notarize it

• The transfer contract will be agreed between the seller and the buyer. The content of the contract includes parts such as: information of the parties, rights and obligations when transferring, payment methods, etc.
• After reaching an agreement, the parties bring the contract to a notary practice organization where the real estate is located to apply for a notarization seal. The seller and the buyer need to prepare some personal papers to complete the procedures such as: ID card/CCCD/Passport, household registration book, marriage registration certificate/marital status certificate, etc.

➤ Read more: Process of transferring land use rights.

• Step 2: Carry out the procedure to transfer the name of the joint-owned red book

• The transferee of jointly owned land shall go to the land registration office where the land is located to carry out procedures for registration of changes. Profile components include:
• Application for registration of land change according to the form.
• Copies of personal papers of the parties: ID card/CCCD/Passport; marriage certificate or document certifying singleness.
• 02 copies of land use right transfer contract co-owned.
• 02 Registration fee declaration form.
• 02 Personal income tax returns.
• 02 maps of cadastral map of house and land location.
• Power of attorney (when you authorize another entity to transfer the name of the Red Book)..
• Step 3: Wait for the result
• After receiving the complete dossier, the state agency will carry out the procedures for registration of change for the new land user within 15 working days. In case the dossier is incomplete or invalid, it will be notified to the representative making the dossier for timely adjustment and supplementation.

➤ Read more: Is the transfer of land use rights subject to VAT?

• Above is the sharing of the procedure for transferring the land use right of co-ownership. If you still have any questions or need support, please contact us immediately via Hotline 1800 6365 for experts to promptly advise and resolve legal issues.