Lawyers consultancy on procedures for purchase, sale, transfer of land, houses

1. Procedures for purchase, sale and transfer of land and houses:

According to the provisions of the Land Law 2013 and the Law on Notarization 2014, the sale and purchase of land is carried out in the following steps:

Step 1: The two parties sign a contract of purchase and sale of land use rights and assets attached to land at the notary office.

The seller's and buyer's records should be prepared so that the notary public can evaluate the dossier and sign the purchase contract.

The dossier of the seller includes:

- Certificate of land use right (Original)

- Identity card, household registration and marriage registration (original) in case the Certificate of land use right records the information of Husband/wife. If the property is private, only the personal documents of the person on the Certificate of land use right are required.

The dossier of the buyer includes:

- Identity cards, household registration and marriage registration. If the buyer has not married, only ID card or household registration are required.

Step 2: Carry out the procedure of transferring and pay tax at the District Land Registration Office. After signing the contract of sale, transfer, based on the agreement of the parties to the contract, one party shall be obliged to carry out the procedure of transferring the name on the Certificate of land use right and pay the taxes.

Step 3: Pay taxes and other financial obligations after receiving notice of tax payment by the District Tax Department.

Step 4: Receive the Certificate of land use right at the District Land Registry Office.

2. Issues need to know in the process of buying and selling houses and land:

(*) The land in Vietnam has a complex legal origin, undergoing many changes when buying and selling, you should pay special attention to the following issues:

+ Distinction of red certificate and pink certificate: Previously, according to the Land Law 2003 (the old law), the red certificate was used for land and the pink certificate was used for the apartments. After 2013, when the Land Law in 2013 is effective, the whole country will apply the same form of Certificate of Land use right and housing which is the pink certificate. Therefore, when buying and selling, there will be a difference between the colors of the certificate - This does not affect the nature of the purchase;

+ Distinction of the common ownership regime and the regime of private ownership of husband and wife: On the Certificate of Land use right, there are many certificates record "Households" and some record "Wife and husband", also there are some certificates have the name of the wife or husband. For this issue, please note some very important points as follows:

- "Household" is a common property under the 1993 Land Law, when the father, mother, brother, sister, son, daughter ... who are on the household register are equally entitled The father has the right to own or use same as with a newborn child. Later, the 2003 Land Law amended the regulations that the land belongs only to Wife and Husband and could be listed as Wife or Husband. The Land Law of 2013 keeps this regulation. Buying a property on the Certificate of Land use right will be complicated if the members do not agree, the procedure will be long if one of the family members is dead.

+ How to reduce the personal income tax, registration fee when buying and selling land:

There are many ways to reduce personal income tax and registration fees such as:

-> Reduce the value of the notarized contract will reduce the tax due to the value of the contract sales. However, this way should be carried out carefully to avoid the case for some reason the transaction is invalid, the buyer overturns only paid the money recognized on the notarized contract without payment of money deal.

Lawyer consultancy on Law on Land via telephone: 1900.6162

+ Only when the first Certificate of Land use right has been issued, can the transaction be made. We can advise and apply some legacy procedures to determine the sale when the land has not issued a certificate.

3. Lawyer consulting services to carry out procedures for purchase, sale and transfer of houses and land:

To ensure your legal transactions in the sale, transfer of real estate, legal safety, cost savings, You need the help of a team of experienced lawyers. We provide the following legal services in the sale and purchase of land: