Latest instructions for registering and transferring the land use right certificate

What is name change registration?

Registration of name change is a term used a lot in practice related to land, but currently there is no legal document specifically regulating what is registration of name change.

However, it can be understood that land and house ownership transfer registration is the registration of land and house changes including land use rights, house ownership rights and other assets attached to land when transferring, donating, or inheriting.

Land registration is essentially a procedure for registering changes in land when donating, transferring, inheriting ownership of land-attached assets and land use rights. After completing the land registration procedure, the transferee, donee, or inheritor will be named in the Certificate of land use rights, house ownership rights, and other assets attached to land (in practice, it is often called the red book).

What documents are required for name change registration?

Pursuant to Article 2 of Circular 14/2023/TT-BTNMT, the dossier for registration of transfer of red book ownership for households and individuals in cases of transfer, inheritance, donation of land use rights, house ownership rights and other assets attached to land includes:

(1) Application for registration of changes in land and assets attached to land according to Form No. 09/DK.

In the case of households and individuals receiving the transfer of agricultural land use rights, the total area of ​​land received for transfer must be shown at Point 4, Section I of Form No. 09/DK (Reason for change) as follows: "Received ... (record the form of land use rights transfer) ... m2 of land (record the area of ​​land received for transfer); the total area of ​​agricultural land in use due to receiving the transfer of rights and registered for transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to present is ... m2 (record specifically the area of ​​land received for transfer of rights according to each type of land, each locality of province, city under the Central Government)";

(2) Contracts and documents on the transfer, inheritance, and donation of land use rights and ownership of assets attached to land.

In case the heir of land use rights and property ownership rights attached to land is the only person, there must be a request for registration of inheritance of land use rights and property ownership rights attached to land of the heir;

(3) Original copy of the issued Certificate;

(4) Document of the land user agreeing to the owner of the property attached to the land to transfer or donate the property attached to the land in case of transfer or donation of property attached to the land where the owner of the property attached to the land is not at the same time the land user.

In addition, when carrying out procedures for registering the transfer of the red book, the transferor, inheritor, or donor of land use rights, house ownership rights, and other assets attached to the land must prepare the following additional documents to submit with the above documents:

- Copy of valid ID card, citizen identification card, or passport (for the land registration agency to compare information and carry out procedures for registering and transferring the red book name according to regulations of land law).

- Original house and land registration fee declaration or valid copy of documents proving exemption from registration fee (if any).

- Personal income tax declaration (applicable to cases where the transferor is a household or individual) in case of inheritance, gift or authorized tax declaration in case of transfer.

In case of personal income tax exemption, there must be documents as a basis for determining the subject is exempt from tax according to regulations.

Procedures for registering and transferring the red book name

Households and individuals who need to register the transfer of the red book after receiving the transfer, inheritance, or donation of land use rights, house ownership rights, and other assets attached to land must do the following:

Step 1: Prepare documents

Households and individuals prepare 01 set of documents for registration of red book transfer including the above documents.

Step 2: Submit application

Households and individuals submit 01 set of documents for registration of change of name in red book to the Land Registration Office/Branch of Land Registration Office (where the land is located) to have the registration of change resolved according to authority.

The Land Registration Office/Branch of the Land Registration Office will send cadastral information to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be fulfilled according to regulations for households and individuals.

Step 3: Pay personal income tax and registration fee

After receiving the notice of payment of personal income tax and registration fee from the tax authority, households and individuals shall pay personal income tax (in case of inheritance, donation or authorization in case of transfer), registration fee to the state budget and send tax payment documents, registration fee or confirmation from the tax authority on tax and registration fee exemption to the Land Registration Office/Branch of the Land Registration Office where the application for registration of transfer of the red book was submitted.

Step 4: Get results

Households and individuals will receive a red book with confirmed changes in content or a new red book in case the old red book has no more space to confirm the registration and name change content.