HELP - LAND

Land use rights application documents includes:

• Land use rights application form ( official form, see decree 60/CP)
• Notarized documents of land ownership
• Notarized copies of Household registry book, ID card
• Land floorplan admitted by consecutive neighbours with notarization

Documents must be notarized by ward authority to submit to district authority

Application documents shall be submitted to People's Committee of district of land location

Financial duties includes:

• Land-use tax
• 0.5% registration fee
• 2% personal income tax

Appointment no.450 of Civil Law stated that properties transaction contracts shall be written and notaried (except special cases) . The sellers must have properties ownership notaried certificate. The contracts must state:

Owners' detailed information:
Name, ID no, Date issued, Place issued, Permanent address, Current address, Contact number,...

If the ownership shared by wife and husband, the contract must state detailed information of both and be signed by both.

If the ownership shared by many people, the contract must state detailed information of all owners and be signed by all, except cases which one owner is officially authoried to do the transaction.

Buyers' detailed information:
Name, ID no, Date issued, Place issued, Permanent address, Current address, Contact number,...

If the buyers are wife and husband, the contract must state detailed information of both.

Land current detailed decription: area, location, characteristics,...

Land current legal status: ownership status, date issued, place issued, mortgage status,...

Selling prices: agreed by both parties

Payment methods: currency, period...

Date of contract validity: agreed by both parties. If the date of validity is not stated in the contract, buyer or seller may request to receive or hand over properties according to favourable time. If the date of payment is not stated in the contract, buyer shall pay right after receiving properties.

Ownership pledge for buyers by sellers: in case there is dispute toward properties ownership, sellers shall be responsible for solving the dispute. Buyer can request to terminate contract and ask for compensation. In case, buyers acknowleged of the dispute but still purchase properties, asking for compensation will not be accepted.

Additional items: agreed by both parties toward contract termintaion, compensation,...

In case you do not satisfy Land Law to register for the ownership, you can compose paper in which states that you buy land with your own money and under your girlfriend's name, she does not have any ownership. Following this, you can transfer the land use right to your name when the law changes.

Or your girlfriend can authorize you to manage the land

When purchasing lands, be aware of:

• Has land been registered yet?
• Is there any dispute over the land?
• Does the land belong to any construction projects?
• Transaction must be notarized by the authoried organizations

Consult law office for more details