I. The order of implementation when declaring inheritance is land use rights
Step 1: Carry out the inheritance declaration procedure at the relevant registry
To carry out the inheritance declaration procedure, the parties can choose to go to the notary office or the commune-level People’s Committee where the real estate is located to conduct inheritance division.
Dossiers when making inheritance declarations include:
- Resume of the recipient of the inheritance (notarized)
- Citizen Identity Card/Passport of persons named in the will or in the line of inheritance as prescribed by law.
- Power of attorney contract or power of attorney in case of establishing a transaction through a representative.
- Death certificate of the deceased (notarized)
- Will (original + notarized) if any leave a will
- Birth certificate, marriage certificate, documents proving the relationship of the heir and the deceased (original)
- Certificates of land use rights, assets attached to land, documents proving ownership of assets as inheritance (certificates of real estate, ownership of houses, licenses for sale and purchase, legalization of houses issued by district People’s Committees, passbooks, shares, share certificates, sales contracts, transfers,…)
After checking the dossier in full, in accordance with the provisions of law, the competent authorities shall publicly post it at the headquarters of the commune-level People’s Committee, the former permanent residence of the person who left the legacy; in case there is no permanent residence, it shall be posted at the commune-level People’s Committee, the person’s temporary residence for a limited time. If above places are not identified, then list at the commune-level People’s Committee, where the estate of the person who left the legacy is located.
After 15 days of listing, there are no complaints or denunciations, the notary agency certifies the written agreement on the division of inheritance.
Step 2: Carry out procedures for changing the name of the land use right certificate with the heirs
The heirs shall go to the Land Registration Office under the Department of Natural Resources and Environment or the agencies receiving the dossier according to the regulations of the provincial People’s Committee to carry out the procedures for transferring to the name of land use rights and assets attached to land.
Based on the dossier, the housing authority will inspect, locate the land plot, and send it to the tax office to determine the financial obligation (if any).
Taxes and fees to pay when transferring to the name of land use rights in case of inheritance:
- PIT: For income from inheritance (including houses, construction works formed in the future in accordance with the law on real estate business) between husband and wife; biological father, natural mother with biological children; adoptive father, adoptive mother with adopted child; father-in-law, mother-in-law with daughter-in-law; father-in-law, mother-in-law with son-in-law; grandfather, grandmother to grandson, grandfather to grandchild; siblings will be exempt from PIT. The remaining inheritance cases will be subject to PIT of 10% of the value of the real
- Registration fee: 0.5% of the value of the property inherited.
- Notary fee: based on the value of the heritage and detailed instructions in Circular 257/2016 / TT-BTC.
- Fees for issuance of land use right certificates: Depending on the locality, there will be different revenues
- Application appraisal fee: Depending on the locality and applicable in case of initial issuance or reissuance or change of information in the certificate.
Step 3: Apply and receive certificates of land use rights, assets attached to land
After the notice of the tax authority, the state management agency will send a tax payment notice for the landlord to pay financial obligations at the tax office (if the landlord is not subject to payment or exempt from paying financial obligations, there is no such step).
After paying taxes, the landlord shall submit tax receipts and registration fees to state management agencies to receive certificates of land use rights and assets attached to land.
II. Conditions for receiving capital contribution by land use rights
The time to carry out procedures for issuance of certificates of housing ownership and land use rights to buyers is up to 30 days from the date of receipt of sufficient valid documents. This time does not count towards the time when the landlord goes to pay financial obligations to the State.
Usually, the procedures for declaring inheritance will take a lot of time, because during the declaration can lead to many disputes about inheritance, inheritance left and settled in court.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Land use rights transfer.
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