What are the requirements to buy and sell agricultural land?

What are the requirements to buy and sell agricultural land?

According to current regulations, not everyone can buy and sell agricultural land. Below are the conditions for buying and selling agricultural land in 2021.

Conditions for buying and selling agricultural land
According to the provisions of Clause 1, Article 188 of the 2013 Land Law, land users are entitled to exercise their rights, including the right to purchase and sell (transfer of land use rights) as follows:
Have a certificate of land use right.
Land is not disputed.
Land use rights are not distrained to secure judgment enforcement.
During the land use period.
The transfer of land use rights must be registered at the land registration agency and takes effect from the time of registration in the cadastral book.
In addition, when transferring agricultural land, it is necessary to meet a number of specific conditions specified in Article 191 of the 2013 Land Law as follows:
Households and individuals not directly engaged in agricultural production are not allowed to transfer or donate rice land use rights.
Households and individuals are not allowed to transfer, receive or donate the right to use residential land or agricultural land in protection forest areas, in strictly protected sub-zones, ecological restoration sub-zones in special-use forests, if they do not live in such protection or special-use forests.
The transfer of agricultural land use rights within the limit specified in Article 130 of the Land Law and detailed provisions in Article 44 of Decree 43/2014/ND-CP.
The two parties who receive the transfer and transfer to the notary office where the land is located, request the notarization of the land use right transfer contract.
Notarization request documents include:
Draft contract for transfer of land use rights;
Certificates of land use rights;
ID card, SHK, marriage registration certificate…
Register land change
Step 1: Submit application for registration of land change:
After the contract is notarized, the two parties go to the Land Registration Office to submit the application for exercise of the right to transfer land.
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In case of partial transfer, the Land Registration Office is required to measure and separate the parcel of land for which the transfer right is to be exercised before submitting the application for exercise of the right to transfer.
Profile includes:
Application for registration of volatility (according to the form).
Contract of transfer of land use rights (notarized).
Certificates of land use rights.
ID card, SHK, Marriage registration certificate (copy).
When buying and selling agricultural land, it is necessary to complete all procedures to ensure the legality of the transaction
Step 2: The land registration office receiving the application is responsible for performing the following tasks:
Send cadastral information to tax authorities to determine and notify financial obligations in case of having to fulfill financial obligations as prescribed.
Confirm the content of changes in the granted Certificate in accordance with regulations of the Ministry of Natural Resources and Environment.
In case the Certificate of land use rights and ownership of houses and other land-attached assets must be granted, a dossier shall be made and submitted to the competent authority for issuance of the Certificate of land use right and house ownership. other assets attached to land for land users.
Edit and update changes in cadastral records and land databases; hand over the certificate to the land user or send it to the commune-level People's Committee for handing over the case of filing at the commune level.
Step 3: Land users fulfill financial obligations (if any)
Step 4: Get the results according to the appointment card
Note: Time to carry out procedures for land change registration: no more than 10 days from the date of receipt of complete and valid dossiers.