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Transferring land use rights in investment projects to build and sell housing for sale

Dispute 24/04/2024

Receiving the transfer of land use rights in an investment project to build and sell housing for sale always poses many risks for the transferee if the transferee does not thoroughly understand the law. So, when deciding to transfer land use rights in these projects, what issues should you keep in mind? Lets join Apolo Lawyers Law Firm to learn about things to keep in mind when transferring land use rights in investment projects to build and sell housing for sale through the article below. If you need advice, please contact Hotline: 0903.419.479 for the fastest support.

Things to keep in mind when transferring land use rights in investment projects to build and sell housing for sale

Receiving the transfer of land use rights in an investment project to build and sell housing for sale always poses many risks for the transferee if the transferee does not thoroughly understand the law. So, when deciding to transfer land use rights in these projects, what issues should you keep in mind? Lets join Apolo Lawyers Law Firm to learn about things to keep in mind when transferring land use rights in investment projects to build and sell housing for sale through the article below. If you need advice, please contact Hotline: 0903.419.479 for the fastest support.

1. Conditions for transferring land use rights in investment projects to build and sell housing for sale

- Pursuant to Article 41 of Decree 43/2014/ND-CP, amended and supplemented by Decree 148/2020/ND-CP guiding the implementation of the Land Law regulating conditions for transfer of economic construction investment projects Housing businesses for sale can transfer land use rights in the form of subdivision and sale of plots, including:

• The project investor must complete the investment in infrastructure construction including service works, technical infrastructure works, and social infrastructure according to the approved 1/500 detailed construction planning. ; ensure connection with the areas common infrastructure system before transferring land use rights for people to build own houses; ensure the provision of essential services including electricity supply, water supply, drainage, and waste collection;

• The investor must fulfill financial obligations related to the project land including land use fees and land rent; taxes, fees and charges related to land (if any);

• Projects in urban areas and types are allowed to transfer land use rights in the form of subdivision and sale of plots;

• Other conditions as prescribed by law on urban planning, construction, urban development, real estate and housing business.

- In addition, based on the provisions of Clause 1, Article 194 of the 2013 Land Law, the transfer of land use rights in housing construction and business investment projects is carried out according to the following regulations:

• Provincial Peoples Committees, based on the Governments regulations on urban type conditions, allow investors of housing construction and business investment projects to transfer land use rights in the form of subdivision as follows. Once investment in infrastructure construction and financial obligations regarding land have been completed;

• For housing construction and business investment projects, land use rights can be transferred with the transfer of all or part of the project when a Certificate is obtained. The recipient of land use rights transfer must carry out the investment project according to the approved schedule.

Transferring land use rights in investment projects to build and sell housing for sale

2. Things to keep in mind when transferring land use rights in investment projects to build and sell housing for sale:

To minimize the occurrence of disputes during the contract implementation process, the transferee of land use rights in an investment project to build and sell housing for sale should note the following:

i. First of all, the Customer needs to verify and thoroughly understand the transferors information to ensure that the subject entering into the contract is a competent subject. Normally, the transferor is usually the investor of the project. However, nowadays there are many cases where real estate companies, when they have a power of attorney, sell them. Therefore, customers must carefully check the legal documents of the business, especially the authorization content and authorization term (if any).

Transferring land use rights in investment projects to build and sell housing for sale

ii. Customers need to carefully find out information about land projects, commercial housing projects, specifically whether the project has been allowed by the Provincial Peoples Committee to transfer land in the form of subdivision, sale of plots or not, and whether the project has been approved by the Provincial Peoples Committee. whether the investment in infrastructure construction and financial obligations regarding land have been completed or not. If it is agricultural land, has the investor converted the land use purpose to residential land or commercial land? .

iii. Customers need to request the investor and transferor to provide full information about the project and conduct an actual land survey before deciding to sign a transfer contract.

iv. In addition, when customers do not sign a contract to transfer land use rights but sign other types of contracts such as deposit contracts, capital contribution contracts, business cooperation contracts with real estate brokerage companies, ... be absolutely careful and check whether the business and project are eligible to mobilize capital according to the Real Estate Business Law or not.

3. Lawyer service consulting on resolving disputes related to the transfer of land use rights in housing construction and business investment projects

Land is a valuable asset, so transactions related to the transfer of this asset need to be careful, considered, and thoroughly researched before making a decision to avoid risks and negative consequences. Unwanted consequences arise after carrying out land use rights transfer transactions. With many years of experience in the profession, Apolo Lawyers will assist customers in matters implement requirements related to receiving transfer of land use rights in housing construction and business investment projects:

• Advise customers on legal issues related to the transfer of land use rights in housing construction and business investment projects or other related issues

• Drafting and reviewing customer documents and contracts;

• Represent or support customers to participate in working sessions, negotiate and sign contracts.

• Participate in negotiations and negotiations with relevant parties when disputes arise

• Participate in the process of resolving land disputes at Court.

• Support and guide customers to collect documents and evidence of the case.

Transferring land use rights in investment projects to build and sell housing for sale

Proud to be one of the prestigious Law Firms in Ho Chi Minh City, Apolo Lawyers owns a team of good lawyers with many years of experience in the profession and a team of paralegals and legal experts with a working style. professional work, customers will be satisfied with our legal services with a variety of legal fields such as business, civil, tax labor, land, housing... Coming to Apolo Lawyers is coming to For peace of mind, please contact us using the information below to receive advice and support from our Law Firm with necessary legal procedures.

If you have any difficulties or questions when finding a good lawyer regarding land, as well as other issues, please contact our company Apolo Lawyers Law Firm via Email contact@apolo.com.vn or Hotline - 0903.419.479 for the best advice and support.

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