Pursuant to Article 190 of the 2013 Land Law, stipulating conditions for conversion of agricultural land use rights as follows:
Question: My family has 143 m2 of agricultural land in Phuong Canh Ward, Nam Tu Liem District, Hanoi City. However, currently the cultivation is not effective, so my family has to change the land for another household to return to another position for convenient agricultural production. Can we exchange land for ourselves? As far as I understand, land conversion must be notarized. But I don't know where to notarize and what do I have to prepare?
Reply:
Pursuant to Article 190 of the 2013 Land Law stipulating conditions for exchanging agricultural land use rights as follows: “Households and individuals using agricultural land due to land allocation, conversion or receipt by the State. assignment, inheritance or donation of a lawful land use right from another person may only transfer the agricultural land use right in the same commune, ward or township to other households or individuals to facilitate production agriculture and do not have to pay income tax from the transfer of land use rights and registration fees ”.
And pursuant to Clause 1, Article 188 of the Land Law:
“Land users are entitled to exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights when the following conditions are met:
- Having a certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance prescribed in Clause 1, Article 168 of this Law.
- The land is not in dispute.
- Land use rights are not distrained to ensure judgment execution.
- During land use term. ”
As such, your family is allowed to transfer the land use right if two households with household registration in the same commune, town or ward are using the legal land in accordance with the law that has been granted the certificate, being in the land use term, not distrained to ensure judgment execution.
Regarding the place where carrying out the procedures for notarization of a contract of land use right transfer, according to Article 42 of the Notary Law, the provisions of: real estate within a province or centrally run city where a notarization organization is headquartered, except where a notary will, a written refusal to accept an estate is real estate, and a power of attorney regarding the exercise of rights to real estate. "
Thus, because your family land has an address in Hanoi city, you can absolutely perform notarization at any notary public organization in Hanoi.
For detailed instructions on procedures and documents for transferring agricultural land use rights, please contact Dai Viet Notary Office (now Tran Hang Notary Office) for specific answers. .
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
Question: My family has 143 m2 of agricultural land in Phuong Canh Ward, Nam Tu Liem District, Hanoi City. However, currently the cultivation is not effective, so my family has to change the land for another household to return to another position for convenient agricultural production. Can we exchange land for ourselves? As far as I understand, land conversion must be notarized. But I don't know where to notarize and what do I have to prepare?
Reply:
Pursuant to Article 190 of the 2013 Land Law stipulating conditions for exchanging agricultural land use rights as follows: “Households and individuals using agricultural land due to land allocation, conversion or receipt by the State. assignment, inheritance or donation of a lawful land use right from another person may only transfer the agricultural land use right in the same commune, ward or township to other households or individuals to facilitate production agriculture and do not have to pay income tax from the transfer of land use rights and registration fees ”.
And pursuant to Clause 1, Article 188 of the Land Law:
“Land users are entitled to exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights when the following conditions are met:
- Having a certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance prescribed in Clause 1, Article 168 of this Law.
- The land is not in dispute.
- Land use rights are not distrained to ensure judgment execution.
- During land use term. ”
As such, your family is allowed to transfer the land use right if two households with household registration in the same commune, town or ward are using the legal land in accordance with the law that has been granted the certificate, being in the land use term, not distrained to ensure judgment execution.
Regarding the place where carrying out the procedures for notarization of a contract of land use right transfer, according to Article 42 of the Notary Law, the provisions of: real estate within a province or centrally run city where a notarization organization is headquartered, except where a notary will, a written refusal to accept an estate is real estate, and a power of attorney regarding the exercise of rights to real estate. "
Thus, because your family land has an address in Hanoi city, you can absolutely perform notarization at any notary public organization in Hanoi.
For detailed instructions on procedures and documents for transferring agricultural land use rights, please contact Dai Viet Notary Office (now Tran Hang Notary Office) for specific answers. .
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
