Contract of land use rights is a common type of contract in today’s society. Nevertheless, compared to other types of contracts, the contract of land use rights needs to meet several conditions prescribed by law in order to be valid for the parties. In this article, TNTP will analyze the fundamental content you need to know about this contract.
I. Definition
According to Article 500 of the Civil Code 2015, the contract of land use rights means the agreement between the parties that the land user convert, transfer, lease, sublease, donate, mortgage and contribute land use rights as capital or exercise other rights to the other party as prescribed in the Law on land; and the other party shall exercise rights and perform obligations according to the contract to the land user.
It can be seen that the contract of land use rights includes various types of contracts such as contracts for conversion, transfer, lease, donation, mortgage, capital contribution with land use rights, etc. The object of all these contracts is land use rights, but the content of each type of contract will be different.
II. Content of the contract
The contract of land use right is governed by the Civil Code 2015 and the Land Law 2013, etc. Accordingly, such contract includes provisions upon agreement by the parties that do not violate prohibited provisions of the law and do not contrary to social morality. On the other hand, the contents of the contract must not contravene the regulations on land use purposes, duration of land use, master plans and plans on land use, and other rights and obligations as prescribed by the law on land and other provisions of relevant laws.
III. Form of the contract
According to Article 502 of the Civil Code 2015, contracts relating to land use rights must be made in writing in the form consistent with the provisions of this Code, the law on land and other provisions of relevant laws.
According to Clause 3 Article 167 of Land Law 2013, contracts on transfer, donation, contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business (one party or all parties involved in the transaction is/are a real estate business organization) is notarized or certified at the request of the parties.
IV. When does the contract take effect for the parties?
Generally, civil transactions take effect from the date of signing. However, according to the provisions of Article 503 of the Civil Code 2015, the transfer of land use rights shall be effect from the date of registration in accordance with the provisions of the law on land.
V. Other Notes
Pursuant to Article 64 of Decree 43/2014/ND-CP and Clause 5, Article 14 of Circular 02/2015/TT-BTNMT:
+ Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law. Any person who has his/her name on the certificates or is authorized as prescribed by the civil law shall be permitted to perform signing the contract, written transaction for land use rights and ownership of land-linked properties only if all members of the household using the land agree in writing and such agreement must be authenticated or certified as true copy according to the law provisions.
+ Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.
Above is the content of the article “Land use rights contracts – Basic content You need to know” that TNTP sent to readers. If you have any futher questions, please contact TNTP for the best support.
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