Procedures for transferring project's land

Land and real estate have always been the hot fields attracting a large number of investors across the country in general and Da Nang city in particular. The transfer of investment project’s land is currently the demand of many investors. However, there are many investors still do not know the legal regulations on procedures for transferring investment project’s land.

In today’s article, AMI would like to share with you the legal issues related to the transfer of investment project’s land.

The procedures for transferring project’s land that AMI shares below will be based on the provisions of the Land Law 2013 and Decree 43/2013/ND-CP guiding the implementation of the Land Law 2013, as follows:

The first case: Transferring land and assets on land under investment project in case of the land is allocated by the State with land use levy collection, leasing land with full one-off rental payment for the entire lease period, or be received the transfer of land use right in accordance with the regulations that the amount paid for the land is not originated from the State budget.

In this case, the transfer of project’s land is carried out through the following steps:

Step 1. The transferor and the transferee shall carry out the procedures for transferring investment project in accordance with the law on investment.

Step 2. The transferee of the project’s land shall submit the dossier of transferring project to the Land Registration Office

The dossier must has the project transfer contract which clearly shows the value of the land use right in the total value of the project transfer and the project transfer contract must has an alternative value for the land use right transfer contract.

Step 3. Land Registration Office checks records and notices of tax payment.

If the application dossier is qualified, the Land Registration Office shall send cadastral information to the tax authority to determine and notify the collection of land use right transfer tax in case of the financial obligation is required to be implemented accordance to the regulations.

Step 4. Receiving the Certificate at the place where you submitted your application.

After the investor completes the financial obligations as prescribed, the Land Registration Office confirms the changes in the issued certificate according to the regulations of the Ministry of Natural Resources and Environment.

The Land Registration Office sets up the dossier to submit to the competent authority for issuance of a certificate of land use right, ownership of house and other assets attached to the land and grants to the investor.

The second case: Transferring land and assets on land under investment project in case of the land is allocated by the State without land use levy collection, leasing of land with annual rental payment, allocation of land with land use levy collection that the amount paid for the land is originated from the State budget.

In this case, the transfer of project’s land is carried out through the following steps:

Step 1: The parties perform the purchase, sale of capital or capital contribution according to the provisions of civil law.

Step 2. The transferee of the project’s land shall submit the dossier of transferring project to the Land Registration Office, the dossier must has the investment project transfer contract and the issued Certificate

Step 3: After receiving the application, the Land Registration Office will set up the dossier so that the transferee can continue to lease the land.

The competent authority performs the following tasks:

Verification of documents submitted to the competent People’s Committee to decide the land acquisition of the transferor to allow the transferee to continue renting land;
Signing land lease contract with the transferee;
Notifying in writing the tax authority of the expiration of the land lease contract with the transferor.

Step 4: Land Registration Office sends land lease contract to the transferee. At the same time, they will adjust and update the changes in the cadastral and land database and hand over the Certificate to the transferee of the project’s land.

AMI is an unit specializing in consulting procedures for transferring investment project in general and procedures for transferring project’s land in a professional and effective manner. We hope the above information will bring you the necessary knowledge.

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