1. Change the red book to name the household to be in the name of the individual through giving the land
Despite the choice of transfer or donation, between members of the household using the main land use will mainly apply the form of donation; To complete the procedure, it is necessary to follow the following 3 steps:
Step 1: Make and notarized or authenticate contract
- Dossiers to prepare: Pursuant to Article 40, 41 of the 2014 Notary Law, the parties need to prepare the following documents:
- Notarized place: Although the notarized practice organization has a notarized function, the notarization of the contract is only given to land use rights within the provincial or centrally -run cities where the notary practice is the headquarters. This content is specified in Article 42 of the 2014 Notary Law as follows:
+ Notary public of a notary public certification organization, real estate transactions within the provinces or centrally -run cities where the notary practice is headquartered, except for the notarization of the will, the document refuses to receive the estate as real estate and the authorization document related to the exercise of rights to real estate.
Step 2: Statement of financial obligations
Despite being exempted from personal income tax and registration fee, it must still be declared in accordance with regulations.
Because in fact, when declaring personal income tax, registration fee is performed at the same time as the application registration dossier (registration into the cadastral book), the dossier, procedure and time limit will be presented with step 3.
Step 3: Register fluctuations
- Time limit to register fluctuations: Within 30 days from the date the contract is effective (usually will be a notarized or authenticated date).
- Tax declaration, fees and volatile registration:
+ Application for changes.
+ Contract for notarization or authentication.
+ Originally the certificate issued.
+ Personal income tax declaration.
+ Registration fee declaration.
+ Documents as a basis for identifying subjects exempted from personal income tax, registration fee such as household registration book, birth certificate, ...
- Application:
+ The one -stop shop part is prescribed by the provincial People's Committee on the receipt of the dossier and returns the results of the administrative procedures for provincial, district and commune levels.
+ Land registration office.
+ Branch of Land Registration Office.
(Pursuant to Article 21 of Decree 101/2024/ND-CP)
- Settlement time: No more than 10 days from the date of receipt of valid dossiers (according to Clause 2, Article 22 of Decree 101/2024/ND-CP).
The above time does not include the time of holidays and holidays; excluding the time to receive dossiers in the commune, the time to fulfill the financial obligations of the land user; excluding the time for reviewing and handling for cases of land use that violates the law and time of examination and assessment.
2. Change the household red book to be in the name of the individual through the transfer of land
Family members can also transfer household land to individuals in the name of the land transfer agreement to someone (the written agreement on the transfer of members of the land use of the land must be notarized or authenticated).
Similar to the aforementioned land use right, when transferring and donating to household land, they must follow these steps:
Step 1: Notarization or authentication of the transfer contract
Step 2: Submit your personal income tax declaration, registration fee
Step 3: Submit the name registration application (volatile registration)
Note: Step 2 and Step 3 can be done at the same time if the recipient of the transfer or receipt for personal income tax on the transferor or donation.
