Answer

Question: I am intending to buy a part of a plot of land from a relative in Hanoi. He have been granted the land use right certificate for the whole plot of land. I am registering the permanent residence in Ho Chi Minh City. If I buy it, could I be granted the land use right certificate? What are the procedure that I have to take and how much is the registration fees that I have to pay?

Answer:

According to the current regulations on granting the Certificate of land use right and property attached to the land (Certificate) to individual in Hanoi promulgated by Hanoi People’s Committee, you as the transferee of the plot of land who are not registering the permanent residence in Hanoi, shall be granted the Certificate if you has lived in Hanoi for over a year and have registered for temporary residence under the regulations of Law on Residence. The residence requirement in case of inheriting or receiving the house as a gift from parents and son or daughter or adoptee and vise versa and brother, sister is removed.

Noting that to be granted Certificate in Hanoi, the plot of land after being split must have the minimum square of 30 m2 or more and have the width and depth of 3 m or more.

You should request the transferor to complete the procedure of splitting plot of land. After that you and the he would enter into land use right transfer agreement that must be certified by State notary public or authenticated by the People's Committees of communes, wards or townships where the land locates. Then you and the transferor would submit the dossiers of land use right transfer to the land use right registries and pay the necessary tax and fee and then receive the Certificate.

You shall have to pay the registration fees of 0.5% of the actual price of the transfer recorded in the invoice, in the transfer agreement, in the documents on the purchase and sale, or in the declaration of registration fees but must not be less than the land price applied by the Hanoi people's committee at the time of registration.