Agricultural land is allowed to be transferred
According to the provisions of Clause 1, Article 167 of the 2013 Land Law, land users can exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, and contribute capital to land use rights. according to the provisions of this Law.
Therefore, people have the right to transfer agricultural land when they meet the conditions prescribed by law.
Conditions and documents required when conducting agricultural land sales transactions
+ Have a land use right certificate.
+ Land within its useful life.
+ Land is not in dispute.
+ Land use rights are not distrained to ensure judgment enforcement.
Procedures for transferring agricultural land
Step 1: Notarize or authenticate.
According to Point a, Clause 3, Article 167 of the 2013 Land Law, when transferring or donating land use rights between households or individuals, it must be notarized or authenticated according to regulations.
Step 2: Declare personal income tax and registration fee.
"Individuals whose income is exempt from tax according to the provisions of the law on personal income tax and the provisions of Point b, Clause 2, Article 79 of the Law on Tax Administration, except for individuals who receive inheritances or gifts of real estate; transfer real estate transfer", according to Clause 3, Article 7 of Decree 126/2020/ND-CP.
Step 3: Register to transfer name
Name transfer registration dossier includes:
+ Change registration application according to Form No. 09/DK; Notarized or authenticated contract for transfer or donation of land use rights; original issued red book;
+ Personal income tax declaration according to Form No. 03/BĐS-TNCN; registration fee declaration according to Form No. 01;
+ Documents proving eligibility for personal income tax and registration fee exemption (if any).
Submit documents to the People's Committee (People's Committee) of the commune, ward or town where the land is located; at the one-stop department; or at the district land registration office branch; District land use rights registration office if that locality does not have a land registration office branch.
