Deadline for transferring red book
Pursuant to Point a, Clause 1, Article 133 of the 2024 Land Law, for land plots with a Certificate of Land Use Rights and assets attached to the land (referred to as land and house transfer), changes must be registered (name change registration).
Clause 3, Article 133 of the 2024 Land Law stipulates:
In cases of registration of changes specified in Points a, b, i, k, l, m and q, Clause 1 of this Article, within 30 days from the date of change, the land user must register the change with the competent authority.
In case of execution of judgment, the time limit for registration of changes is calculated from the date of handover of the property to be executed or the property to be auctioned; in case of inheritance of land use rights, the time limit for registration of changes is calculated from the date of completion of division of the land use rights as inherited property according to the provisions of the law on civil matters or from the date the judgment or decision of the Court takes legal effect.
Thus, when transferring real estate, the transfer of ownership must be registered within no more than 30 days from the effective date of the transfer contract; if the transfer is made without registering the transfer of ownership, a fine will be imposed.
Deadline for declaring and paying personal income tax and registration fees
* Personal income tax
- Deadline for submitting tax returns
Pursuant to Clause 5, Article 21 of Circular 92/2015/TT-BTC, the deadline for submitting personal income tax declaration dossiers when transferring real estate is as follows:
If the transfer contract does not have an agreement that the buyer is the taxpayer on behalf of the seller, the tax declaration must be submitted no later than the 10th day from the effective date of the transfer contract.
If the transfer contract has an agreement that the buyer is the tax payer on behalf of the seller, the tax declaration must be submitted no later than the time of registration of the transfer of ownership.
- Tax payment deadline: The deadline stated on the Tax Payment Notice of the tax authority.
* Deadline for declaration and payment of registration fee
- The deadline for submitting the fee declaration is the same as the time for carrying out the name change registration procedure.
- The maximum deadline for paying registration fees is 30 days from the date of signing the registration fee payment notice of the tax authority.
Time to carry out procedures to transfer red book ownership
Pursuant to Clause 2, Article 22 of Decree 101/2024/ND-CP, the time for the land registration agency to carry out the registration procedure for name change when transferring or donating real estate is no more than 10 days from the date of receiving valid documents; no more than 20 days for mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with especially difficult socio-economic conditions.
Note: The above time does not include days off and holidays as prescribed by law; does not include time for receiving documents at the commune, time for fulfilling financial obligations of land users; does not include time for considering and handling cases of land use in violation of the law, time for requesting appraisal.
