The procedure for gifting the right to use land.
Sat, 22 Jul 2023 21:51:00 | Print | Email Share:
Mr. Nguyen Van Nam (Bac Giang) is working far from home and cannot return. Now, his father wants to gift the right to use land to him. Can his wife sign on his behalf in the documents?
The Ministry of Natural Resources and Environment responded to this issue as follows:
According to the provisions in Clause 1, Article 79 of Decree No. 43/2014/NĐ-CP dated May 15, 2014, of the Government, which details the implementation of some articles of the Land Law: "Land users shall submit one set of documents for the exercise of the rights of land users, owners of assets attached to the land."
The submission dossier for the procedure of receiving a gift of the right to use land is regulated in Clause 2, Article 9 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014, of the Ministry of Natural Resources and Environment on land-related dossiers:
"2. The dossier submitted for the procedure of converting agricultural land use rights that do not fall under the case of "merging fields and lots"; transferring, subleasing, re-subleasing, inheriting, gifting, or contributing capital with land use rights or rights to assets attached to the land; transferring the rights to use land or rights to assets attached to the land of the spouse or husband into joint ownership includes:
a) Contracts, documents related to the conversion, transfer, sublease, re-sublease, inheritance, gifting, or capital contribution with land use rights or rights to assets attached to the land; transferring the rights to use land or rights to assets attached to the land of the spouse or husband according to regulations.
In the case where the land user inherits land use rights or rights to assets attached to the land as the sole heir, there must be a request form for the registration of the inheritance of land use rights or rights to assets attached to the land by the heir;
b) Original Certificate of Issuance;
c) Written approval from the competent state agency for economic organizations receiving transfers, contributions of capital, or land use rights sublease for agricultural investment projects;
d) Document from the land user agreeing to the transfer, gift, sublease, or capital contribution with assets attached to the land for cases of transfer, gift, sublease, or capital contribution with assets attached to the land where the owner of assets attached to the land is not simultaneously the land user."
As the content of the question does not provide clear information about the recipient of the gifted land use rights, and it is not clear whether the recipient is an individual or a couple, the Ministry of Natural Resources and Environment does not have sufficient information to provide a specific answer.
Therefore, it is advised to contact the competent authority at the local level where the land is located for consideration and guidance according to the provisions of the law.
By: According to Chinhphu.vn (Government Newspaper)./Translator: LeAnh-Bizic
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