Renaming and changing owners of land use right certificates (red books) is a very popular activity but the law always places strict requirements and regulations on this activity. People who want to change the name, especially to the red book, must comply with the relevant laws and regulations to be recognized by the state. However, the following 4 cases will be banned from renaming red books that people need to know:
Renaming and changing owners of land use rights certificates (red books) is a very popular activity, but the law always places strict requirements and regulations on this activity. People who want to change the name, especially the name of a red book, must comply with the relevant laws and regulations to be recognized by the state. However, the following 4 cases will be banned from renaming red books that people need to know:
I. Conditions for a red book title
According to Article 188 of the 2013 Land Law on conditions for exercising rights to exchange, transfer, lease, inherit and mortgage land use rights
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a certificate, except for the case specified in Clause 3, Article 186 and in the case of inheritance prescribed in Clause 1, Article 168 of this Law;
b) Land without dispute;
c) Land use rights are not distrained to ensure judgment execution;
d) Within the land use term.
2. In addition to the conditions stipulated in clause 1 of this article, land users shall exercise the rights to exchange, assign, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights and contribute capital with land use rights must also meet the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of the Land Law.
3. The conversion, transfer, lease, sublease, inheritance, donation, mortgage of land use rights and capital contribution with land use rights must be registered at the land registration office and take effect. from the time of registration in cadastral book
II. 4 cases are prohibited to name the red book
Not everyone, in any case, will receive a red book. Under the provisions of Article 191 of the 2013 Land Law clearly stipulating, the following 4 cases will not be allowed to transfer title, transfer or receive land use right:
1. Organizations, households, individuals, population communities, religious establishments, Vietnamese residing abroad, foreign-invested enterprises are not allowed to transfer, receive donation of the right to use land use in cases where the law does not permit the transfer or gift of land use rights.
2. Economic organizations are not permitted to transfer the land use right to plant rice, protective forest land or special-use forest land of households or individuals, except for cases of changing land use purposes according to plannings and plans. land use plans approved by competent state agencies.
3. Households and individuals not directly engaged in agricultural production may not transfer or receive donation of land use rights for rice cultivation.
4. Households and individuals may not transfer or receive donation of the right to use residential or agricultural land in protection forest areas, strictly protected sections or ecological restoration sections of special forests. If the area of protection forests or special-use forests does not exist.
Therefore, before deciding to transfer the land use rights to transfer or change the title, the buyer must carefully understand the type of land, consider whether the parties are eligible to receive the transfer of land or not avoid the situation of violating the law and unable to carry out the procedures for transferring the land use right certificate.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Renaming and changing owners of land use rights certificates (red books) is a very popular activity, but the law always places strict requirements and regulations on this activity. People who want to change the name, especially the name of a red book, must comply with the relevant laws and regulations to be recognized by the state. However, the following 4 cases will be banned from renaming red books that people need to know:
I. Conditions for a red book title
According to Article 188 of the 2013 Land Law on conditions for exercising rights to exchange, transfer, lease, inherit and mortgage land use rights
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a certificate, except for the case specified in Clause 3, Article 186 and in the case of inheritance prescribed in Clause 1, Article 168 of this Law;
b) Land without dispute;
c) Land use rights are not distrained to ensure judgment execution;
d) Within the land use term.
2. In addition to the conditions stipulated in clause 1 of this article, land users shall exercise the rights to exchange, assign, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights and contribute capital with land use rights must also meet the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of the Land Law.
3. The conversion, transfer, lease, sublease, inheritance, donation, mortgage of land use rights and capital contribution with land use rights must be registered at the land registration office and take effect. from the time of registration in cadastral book
II. 4 cases are prohibited to name the red book
Not everyone, in any case, will receive a red book. Under the provisions of Article 191 of the 2013 Land Law clearly stipulating, the following 4 cases will not be allowed to transfer title, transfer or receive land use right:
1. Organizations, households, individuals, population communities, religious establishments, Vietnamese residing abroad, foreign-invested enterprises are not allowed to transfer, receive donation of the right to use land use in cases where the law does not permit the transfer or gift of land use rights.
2. Economic organizations are not permitted to transfer the land use right to plant rice, protective forest land or special-use forest land of households or individuals, except for cases of changing land use purposes according to plannings and plans. land use plans approved by competent state agencies.
3. Households and individuals not directly engaged in agricultural production may not transfer or receive donation of land use rights for rice cultivation.
4. Households and individuals may not transfer or receive donation of the right to use residential or agricultural land in protection forest areas, strictly protected sections or ecological restoration sections of special forests. If the area of protection forests or special-use forests does not exist.
Therefore, before deciding to transfer the land use rights to transfer or change the title, the buyer must carefully understand the type of land, consider whether the parties are eligible to receive the transfer of land or not avoid the situation of violating the law and unable to carry out the procedures for transferring the land use right certificate.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
