Buying land is a common term for many people. According to land law, this is the transfer of land use rights.
Pursuant to Clause 18, Article 37 of Decree 101/2024/ND-CP, in case of exercising the right to transfer part of a land plot, the land user shall request the Land Registration Office to conduct a survey and separate the plot for the area to be transferred before submitting the transfer application.
To complete the transfer, the parties need to request a land division and carry out the name change procedure:
1. Proposal to separate land plot
The order and procedures for land division are prescribed in Article 7 of Decree 101/2024/ND-CP as follows:
Step 1: Submit application
- Households and individuals prepare a set of documents including the following papers:
(1) Application for land division and land consolidation according to Form No. 01/DK issued with Decree 101/2024/ND-CP.
(2) Drawings of land plot separation and land plot consolidation are made according to Form No. 02/DK issued with Decree 101/2024/ND-CP by the Land Registration Office or by a surveying unit with a License for surveying activities and establishment of cadastral maps.
(3) Issued Certificate or copy of issued Certificate with original for comparison or submit notarized, certified copy.
(4) Documents of competent authorities showing the content of land division and land consolidation (if any).
- Place to submit application: Land registration office or Branch of Land registration office.
Step 2: Receive documents
- Check the completeness of the dossier components, the consistency of information content between documents, the completeness of the declared content and issue a Certificate of Receipt of dossier and appointment to return results according to the form prescribed in the Government's Decree on implementing the one-stop and one-stop mechanism in handling administrative procedures. In case the dossier is not under the authority of receipt or the dossier is incomplete or does not ensure the consistency of information content between documents or the declared content is incomplete according to regulations, the dossier will not be accepted and returned to the person requesting registration.
- In case the One-Stop Department receives the dossier, it will transfer the dossier to the Land Registration Office or Branch of the Land Registration Office.
Step 3: Resolve the request
Step 4: Return results
- Implementation time: According to Clause 4, Article 22 of Decree 101/2024/ND-CP, the processing time is no more than 15 days from the date of receiving a complete and valid dossier. This time does not include holidays as prescribed by law, and does not include the time for receiving dossiers at the People's Committee at the commune level.
2. Carry out name change procedures
After separating the area to be transferred, the parties shall follow these steps:
Step 1: Notarize or authenticate the transfer contract
- Notary place: Notary practice organization.
- Place of certification: People's Committee of the commune where the land is located.
See details at: Notarization of real estate contracts: Documents, procedures, and fees
Step 2: Declare personal income tax and registration fee
See details at: Instructions for declaring taxes and fees when transferring real estate ownership
Step 3: Register changes at the land registration office
The above is the procedure for transferring ownership when buying land but not yet dividing the plot. The transfer is only valid when registered in the land registry, so the parties must comply with the regulations to avoid disputes. This regulation applies to cases from August 1, 2024 to present.
