Instructions on procedures for transferring red book ownership from parents to children

The Legal Consulting Department of Lao Dong Newspaper answers: Based on point a, clause 3, Article 27 of the 2024 Land Law, when carrying out procedures for transferring the red book from parents to children, it is necessary to notarize or authenticate the transfer or donation contract.

Procedures for notarizing land use right certificate transfer contracts from parents to children

Step 1: Prepare the profile

Based on Article 42 of the 2024 Law on Notarization, the parties need to prepare the following documents:

For parents: Certificates of land use rights, house ownership; personal papers such as ID cards or passports; documents proving marital relations such as marriage registration certificates.

For children: Personal papers such as ID cards or passports; papers proving marital relationship.

Step 2: Notary performs contract notarization

Parties can choose to certify the contract of transfer or donation of houses and land at the People's Committee of communes, wards, and towns where the land is located.

Tax declaration, registration fee and registration of changes

Parents who donate houses and land to their children are exempt from personal income tax and registration fees. In case of transfer, personal income tax is only exempt.

Despite being exempt from taxes and fees, people still have to submit tax and fee declaration dossiers.

Personal income tax and registration fee declaration are usually carried out at the same time as submitting changes registration dossiers. In other words, people need to prepare complete dossiers according to regulations and submit them together.

After notarizing or certifying the transfer or donation contract, within 30 days from the date of transfer or donation, it is necessary to register changes, i.e., transfer the red book. If not done on time, people may be administratively sanctioned.

Order of declaration of taxes, fees and registration of changes

Step 1: Prepare the profile

Dossiers include: Application for registration of changes; Contract for transfer and donation of houses and land with notarization or certification; Original issued Certificate; Documents related to procedures for transferring the red book from parents to children, for example, documents from the bank agreeing to allow the mortgagor to perform the donation or transfer to another person if the red book is being mortgaged at the bank; Personal income tax return;

Documents serving as a basis for determining that they are eligible for tax and registration fee exemption such as household registration book, birth certificate of children; Original registration fee declaration form.

Step 2: Submit the application

People submit applications at the Land Registration Office or branch of the Land Registration Office.

Step 3: Receive, resolve and return the dossier

The person carrying out the procedure for transferring the red book from parents to children submits 1 set of the above dossiers to the dossier receiving agency.

When the dossier is complete, the parties will be allowed to carry out procedures for issuing a red book in the name of the recipient or transferee. In case the dossier is incomplete, the receiving agency will return the dossier and have a written explanation stating the reason.

In the process of resolving this procedure, if there is a need for re-measurement, the requesting person must pay the measurement fee or pay the land use fee for the additional land area after measurement, if any, and the registration fee according to the notice of the tax authority.

Settlement time: The settlement time when changing information about land users and owners of assets attached to land is no more than 10 working days.

In case of transferring land use right certificates from parents to children in mountainous communes, islands, remote areas, remote areas, areas with difficult or extremely difficult socio-economic conditions, the settlement time is no more than 20 working days.

Read the original here.