Procedures for buying and selling agricultural land and notes not to be missed

Buy and sell agricultural land

Procedures for buying and selling agricultural land and notes not to be missed

Buying and selling agricultural land is a common transaction in the real estate market. Due to the specificity of the land type, the procedures for buying and selling agricultural land as well as related regulations are also different from other types of land.

In the following article, Personal Broker will share more details with readers about this issue.

I. Conditions for the sale and purchase of agricultural land

The 2013 Land Law stipulates Article 188 on the conditions for agricultural land to be transferred as follows:

Have a certificate of legal land use right as prescribed.
The land has a valid land use term.
There are no land disputes.
The land is not mortgaged and is on the list of distraints to ensure judgment enforcement.
Registration of the transfer of land use rights must be carried out at the competent authorities.

II. Procedures for buying and selling agricultural land

The procedure for transferring agricultural land is carried out through the following steps:

1. Step 1: Establish a sales contract

To execute the sale and purchase agreement, the following documents need to be prepared:

Original legal land ownership certificate (red book).
Valid ID card/citizen identification/passport at the time of transaction.
Household registration book issued by the local police according to regulations.
Documents related to the marriage relationship:
Certificate of marital status (with single, separated, in the process of divorce decision, divorced) or marriage registration certificate
A written agreement on the division of property clearly between husband and wife.
Authorization papers in case the owner authorizes another person to perform the transaction.
Draft contract for purchase and sale of agricultural land.

This contract needs to be established and notarized at a notary public office or a competent State agency.

2. Step 2: Submit application for registration of agricultural land transfer

After the contract has been established and notarized, the two parties shall register the declaration of changes in land at the local land registration office.

Documents to be prepared at this step include:

Application for registration of changes in land according to the prescribed form.
Notarized transfer contract at step 1.
Original legal land ownership certificate (red book).
Notarized copy of ID card/citizen identification, household registration book.

3. Step 3: Receive and process the request for registration of land transfer

The land registration office staff will receive and check the documents. If the application is not valid, the applicant will be guided to supplement in accordance with regulations.

In case the dossier is complete and systematic, the competent authority will:

Conduct field measurement and inspection of the land plot requested to be transferred.
Send information on change of agricultural land use rights to tax authorities to make relevant financial obligation notice
Confirm the change of land in the certificate issued by the Ministry of Natural Resources and Environment.

4. Step 4: Fulfill financial obligations

The tax authority will notify the financial obligations arising to the requester. In order to transfer successfully, it is necessary to fulfill these obligations within the specified time limit.

Buyer and seller can negotiate who should pay taxes and fees in this case.

5. Step 5: Get the transfer result

For valid dossiers, land change registration procedures will be carried out within 10 days from the date of receipt of dossiers.

The applicant will receive an appointment letter to receive the results from the competent authority.

III. Some regulations on transfer, purchase and sale of agricultural land

1. Cases in which agricultural land cannot be transferred or purchased

The Land Law 2013 has specific regulations on subjects who are not allowed to receive the transfer of agricultural land use rights in Clauses 3 and 4, Article 191 as follows:

Households/individuals do not directly carry out agricultural production activities.
Do not accept land transfer for agricultural land plots located in strictly protected subdivisions, protection forest areas, and special-use forests for ecological restoration if you do not live in that area.

2. Agricultural land transfer limit

The agricultural land transfer limit prescribed by the Land Law in Article 130 is as follows:

Soil type	Maximum land limit to be transferred
Agricultural land belongs to the group of annual crops	– Provinces/cities directly under the central government in the Mekong Delta and the Southeast region: 30 hectares - For provinces/cities directly under the Central Government in other regions: 20 hectares.
Agricultural land belongs to the group of perennial crops	– Wards/communes/towns in the delta: 100 hectares. – Wards/communes/towns in the midland and mountainous areas: 300 hectares.
Agricultural land belonging to the group of production forest land is planted forest	– Wards/communes/towns in the delta: 150 hectares. – Wards/communes/towns in the midland and mountainous areas: 300 hectares.

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