The land use rights transfer contract is also a civil transaction, so the parties involved in the contract can negotiate the terms of the contract. However, because this contract is regulated by specialized laws such as Land Law, Real Estate Business Law, etc., it must comply with the provisions of the specialized laws. In this article, TNTP will guide the drafting of some basic clauses in this contract.
1. Information about the parties involved in the contract
The parties need to specify the information of the transferor party and the transferee party. Individuals need to provide information such as full name, ID card, contact address, telephone number, email, etc. Legal entities need to provide the name, registered address, tax identification number, the person signing the contract (legal representative or authorized representative), etc. When signing the contract, it is important to pay attention to the signing authority of each party, to avoid the case that the person signing the contract does not have the authority to sign the contract.
In the case of land belonging to the common use of multiple individuals, the contract must be signed by all those who have the right to use the land or have written authorization according to the provisions of civil law.
2. Detailed information about the land plot
The parties need to specify the information related to the transferred land plot, including the plot number, map sheet number, land address, area, method of use (common use, individual use), intended use, period of use, origin of use, restrictions on use, etc.
3. Transfer price
The parties shall agree and specify the unit price of land use rights by m2 of the land to be transferred.
This transfer price can include some amounts such as the value of land use rights, VAT, pre-transfer fees, fees, and charges according to the provisions of the relevant laws related to the issuance of the Certificate of Land Use Rights for the transferee, other costs agreed upon by the two parties (if any).
4. Payment method and payment period
The payment method can be specified as follows: payment in VND, in cash or through a bank by the provisions of the law.
The parties shall specify the schedule for payment of the transfer amount, including the payment period in case of difference in the actual land area upon handover, providing that the payment before the land handover shall be made by the Law on real estate trading.
5. Land handover and registration of use rights
Regarding the content of the land handover, the parties need to specify the specific time when the transferor must fulfil the obligation to transfer the land plot along with the documents related to the land use rights to the transferee.
Regarding the registration of land use rights, the parties need to specify which party is responsible for registering the land use rights for the transferee at the competent authority. In the case where the transferor must carry out the registration, the transferee should regulate the specific period to perform the registration.
6. Tax, fees, and charges responsibility
The transfer of land use rights will entail obligations to pay taxes, fees, and charges. Therefore, the parties need to agree specifically on which party is responsible for paying taxes, fees, and charges.
7. Effective date of the contract
In this provision, the two parties will agree on certain content such as the effective date of the contract, the number of copies of the contract, the amendment and supplementation of the contract, etc.
The above are some basic provisions that should be included in the land use rights transfer contract. In case any issues need to be discussed, please contact TNTP for timely support.