Fees and charges must be paid when transferring red book names according to the latest regulations.
What is Red Book name change?
Red Book transfer is the way people call it to refer to the procedure for registering changes when transferring, donating, or inheriting land use rights (land only), land use rights and other assets attached to land ( have land and houses or other assets attached to land).
According to the provisions of Clause 1, Article 95 of the 2013 Land Law, title transfer is a mandatory procedure for the State to manage.
Cases of transferring names to red books
The results of transferring land certificate names are shown in the following two cases:
Case 1: The person who receives the transfer or donation of real estate is issued a new Certificate in his or her name.
Case 2: The person who receives the transfer or donation of real estate is not granted a new Certificate.
Fees and charges must be paid when transferring name
* Registration fee
Pursuant to Article 3 of Decree 140/2016/ND-CP, organizations and individuals when registering housing ownership or land use rights must pay registration fees.
* Document appraisal fee
– Regulated by the People’s Councils of provinces and cities:
Circular 85/2019/TT-BTC regulates document appraisal fees when transferring real estate names under the jurisdiction of the Provincial People’s Council (province and centrally run city), so the fee level between provinces and cities will be different.
– Fee: Ranges from 500,000 VND – 05 million VND (usually from 500,000 VND to 02 million VND)
* Certificate issuance fee (fee for making new cover)
– When transferring real estate title, if the transferee or donor requests and is granted a new Certificate, he or she will have to pay this fee.
– Fee level: Although different provinces and cities collect different fees, they all collect less than 100,000 VND/time/paper.
Registration fee rates
Pursuant to Article 5 of Decree 140/2016/ND-CP, the registration fee when transferring the name of the Certificate is calculated on a case-by-case basis:
Case 1: The house and land price in the contract is higher than the house and land price prescribed by the Provincial People’s Committee, then calculate as follows:
Registration fee payable = 0.5% x Total amount stated in the contract
Case 2: House and land prices in land use rights transfer contracts and house sale contracts are equal to or lower than the prices issued by the Provincial People’s Committee
* How to calculate registration fee when registering land use rights
Registration fee = 0.5% x (Area x Price of 01m2 at land price list)
* How to calculate registration fee when registering housing ownership
When is registration fee waived?
Clause 10, Article 9 of Decree 140/2016/ND-CP stipulates cases of exemption from registration fees when transferring real estate title as follows:
“Houses and land are inherited or given as gifts between: Husband and wife; biological father, biological mother and biological children; adoptive father, adoptive mother and adopted child; father-in-law, mother-in-law and daughter-in-law; father-in-law, mother-in-law and son-in-law; grandfather, grandmother and grandchildren; grandfather, grandmother and grandchildren; Brothers, sisters, and siblings are now granted Certificates of land use rights, ownership of houses and other assets attached to land by competent state agencies.”.
Thus, a woman who receives land use rights from her brother will not be exempt from registration fees.
Who must pay registration fee?
Pursuant to Article 3 of Decree 140/2016/ND-CP, the person registering ownership and use rights must pay registration fees. In other words, the transferee or recipient must pay the registration fee, unless otherwise agreed.
5. Those who are exempted from registration fees still have to declare. Even if they are exempted from registration fees, the exempted person still has to declare for the State to manage. This content is clearly stipulated in cases where tax declarations are not required in Clause 3, Article 7 of Decree 126/2020/ND-CP, specifically:
“3. Taxpayers are not required to submit tax declarations in the following cases:
b) Individuals with tax-exempt income according to the provisions of the Law on personal income tax and the provisions of Point b, Clause 2, Article 79 of the Law on Tax Administration, except for individuals receiving inheritances or gifts of real estate; real estate transfer.
…”.”
Deadline for submitting applications and paying registration fees
* Deadline for submitting registration fee declaration documents
The deadline for submitting registration fee declaration documents is the same as the time of carrying out name transfer registration procedures.
* Registration fee payment deadline
Pursuant to Clause 8, Article 18 of Decree 126/2020/ND-CP, the deadline for payment of registration fee is 30 days from the date of issuance of the notice, except in cases where the taxpayer is debited the registration fee. .
Registration fee declaration documents
Pursuant to Appendix I issued with Decree 126/2020/ND-CP, registration fee declaration documents when transferring real estate title include:
– Original registration fee declaration according to Form No. 01.
– Copies of documents proving that the property (or property owner) is exempt from registration fees (if any), unless originals are submitted.
– Copy of Certificate (Red Book, Pink Book).
– Copy of transfer contract, donation, legal documents on inheritance.
Procedures for declaring and paying registration fees
Above are the regulations on fees and charges for transferring Red Book names such as calculation method, fees, documents, and submission deadline. If readers have any problems, please contact 1900.6192 for the fastest support.
