INSTRUCTIONS FOR ORDER AND PROCEDURES

OF LAND USE RIGHT TRANSFER OF HOUSEHOLDS IN 2022

KEY CONTENTS

1. Regulations on the use of land by households.

2. Conditions for households to transfer land use rights.

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

• The transfer of land use rights is quite common nowadays. However, unlike individuals who transfer land use rights, households that transfer land use rights must meet certain requirements. Because land is allocated to households, that land is the common property of the whole household, therefore, when transferring land use rights, there must be consensus among members. The following article will guide the content of procedures for transferring land use rights of households, helping readers to understand the necessary information.

 Some conditions on households using land (Illustration)..

1. Regulations on household use of land:

• According to Clause 29, Article 3 of the 2013 Land Law, which stipulates that when a household uses land, its members must ensure the following conditions:

• Being those who have blood, marriage and rearing relationships in accordance with the law on marriage and family;
• At the time of land allocation, land tax, recognition of land use rights or transfer of land use rights by the State, the members of the household are living together;
• Shared land use rights.

• Land allocated to households, that land is the common property of the whole household, therefore, the possession and disposition must be according to the agreement of the members of the land-granted household.
• According to Article 212 of the 2015 Civil Code, the common ownership of households is as follows:

• Land allocated to households, that land is the common property of the whole household, therefore, the possession and disposition must be according to the agreement of the members of the household being allocated the land. According to Article 212 of the 2015 Civil Code, the common ownership of households is as follows:
• Property of family members living together includes property jointly created by members, property jointly contributed by members and other properties established as ownership in accordance with law.
• The possession, use and disposition of common property by family members shall be done in the form of an agreement.

• There must be an agreement of all family members in the case of disposition of property that is immovable property, registered movable property, property which is the main source of income of the family.
• Thus, if you want to transfer the land use right, it must have the consent of all members of the household.

2. Conditions for households to transfer land use rights:

When performing a land use right transfer such as conversion, transfer, lease, sublease, donation, inheritance, mortgage or capital contribution, the land user must satisfy the land use rights according to Article 188 of The land law as follows:

• First, when transferring land use rights, a certificate must be obtained. 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 land use rights and ownership of houses and other assets attached to land. If it is attached to the land, the Certificate shall not be issued 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 any late payment, he/she may exercise the right to convert according to the provisions of Clause 1, Article 168 of the Land Law until the obligation has been fulfilled.

• Second, there is no dispute over land.
• Third, not to be distrained to secure judgment enforcement for land use rights.
• Fourth, the land is still in use.

• In addition to the above conditions, a household transferring land in some special cases must add a number of conditions under Article 182 of the Land Law as follows:

• Households may only transfer or donate the residential land use right to, forest land in combination with agricultural, forestry, and aquaculture production to households and individuals living in strictly protected zones and an ecological restoration area in a special-use forest in case households are living in that subdivision but have not yet been able to move out of that subdivision.
• Hộ gia đình đang sinh sống trong khu vực rừng phòng hộ mà được Nhà nước giao đất ở, đất sản xuất nông nghiệp trong khu vực đó thì chỉ được chuyển nhượng, tặng cho quyền sử dụng đất ở, đất sản xuất nông nghiệp cho hộ gia đình, cá nhân đang sinh sống trong khu vực rừng phòng hộ đó. Households living in protection forests and allocated residential land or agricultural production land by the State in that area may only transfer or donate the right to use residential land or agricultural production land to such households. families and individuals living in that protection forest area.
• Households and ethnic minorities may only transfer or donate land use rights after 10 years from the date of issuance of the decision on land allocation in case the State allocates land under the support policy. In this case, the commune-level People's Committee of the locality where the land is located shall certify that the household or ethnic minority no longer needs to use it because they change to another occupation or are no longer able to work or move out of the locality. commune, ward or township table of residence to go to another place.

Order and procedures for transferring land use rights of households (illustration) 

3. Order and procedures for transferring land use rights of households:

• Based on Article 79 of Decree No. 43/2014/ND-CP, the order and procedures for transferring land use rights of households are as follows:
  • Households prepare a set of documents including: Land use right transfer contract, original granted certificate, written agreement on land use right transfer of household members and submit it to the household. Land registration office or commune-level People's Committee. In localities where there is no land registration office, it shall be submitted to the district-level People's Committee or the Division of Natural Resources and Environment.
  • The land registration office is responsible for checking valid dossiers and notifying households of financial obligations in case of having to fulfill financial obligations;
  • certify in the Certificate of having been granted the change in content as prescribed (in case the Certificate is required, the Land Registration Office shall make a dossier and submit it to the competent authority for granting the Certificate as prescribed); to correct and update changes in cadastral records and land databases; hand over the land use right certificate to the grantee or send it to the commune-level People's Committee to hand over the land use right certificate to the land user.

• According to Clause 1, Article 2 of Circular No. 09/2021/TT-BTNMT guiding the application for registration of land changes in case of transfer of land use rights of households, including: Application form No. 09/ Registration of changes in land and properties attached to land issued together with this Circular, the original of the issued Certificate, documents related to the content of changes depending on each specific case. Thus, when transferring land use rights, households must prepare all kinds of documents for registration of land changes according to regulations.

➤ Read more:

➤ What to know about donating land use rights.
➤ Conversion of land use rights according to Vietnamese law.
➤ Cases of being granted land use right certificates for the first time.
➤ Issues related to when applying for a certificate of “land right” ownership.

Above is the content of some regulations on the order and procedures for transferring land use rights of households in 2022 of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for more details.