What is the penalty for late registration of land changes when transferring the red book?

Land change registration is one of the indispensable procedures when land users and owners of assets attached to land exercise rights such as conversion, transfer, inheritance, donation, capital contribution, lease, and transfer of projects using land.

Article 133 of the 2024 Land Law stipulates that registration of changes is carried out in cases where a certificate of land use rights or a certificate of house ownership and land use rights or a certificate of house ownership or a certificate of construction work ownership or a certificate of land use rights, house ownership and other assets attached to land has been granted.

This procedure is often simply called by people as transferring the red book. However, in reality, there are many cases where land users are slow to comply with the regulations. Clause 2 and Clause 3, Article 16 of Decree 123/2024 stipulates the penalty for the act of delaying the registration of changes after notarization of real estate.

People go through procedures for red books (Photo: IT).

The Decree stipulates a fine of VND2-3 million for failure to register land changes as prescribed in Clause 1, Article 133 of the Land Law. These cases include:

- Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, donate land use rights and assets attached to land; contribute capital using land use rights and assets attached to land;...

- Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, donate land use rights and assets attached to land; contribute capital using land use rights and assets attached to land;...

- Land users and owners of assets attached to land are allowed to change their names. Changes in land use rights and ownership of assets attached to land due to division, separation, consolidation, merger, conversion of organizational model or agreement between household members or between husband and wife or between a group of common land users and owners of common assets attached to land.

- Change of land use rights, ownership of assets attached to land according to the results of conciliation of land disputes recognized by the People's Committee of competent authority; agreement in mortgage contract to settle debt; decision of competent state agency on settlement of land disputes, complaints and denunciations about land;...

- Establish, change or terminate rights to adjacent land plots.

- Changes in restrictions on land users' rights; sale of assets, transfer, assignment of land use rights that are public assets according to the provisions of law on management and use of public assets.

In addition, land users are also required to register land according to regulations.

However, the above fine only applies to individuals. In case the violation is committed by an organization, the fine will be twice the fine for individuals according to Clause 2, Article 5 of Decree 123/2024.

Land users are required to register land changes and pay personal income tax before the land registration office or branch office returns the certificate.

Clause 5, Article 5 of Decree 123/2024 stipulates 3 cases of subjects subject to sanctions for violations, including:

- In case of land use rights conversion without land change registration, both parties converting land use rights shall be subject to administrative sanctions;

- In case of transfer, inheritance, donation, or capital contribution using land use rights without registering land changes, administrative penalties shall be imposed on the party receiving the land use rights transfer;

- In case of leasing, subleasing, or mortgaging land use rights without meeting the conditions or without registering land changes, administrative penalties shall be imposed on the person who leased, subleasing, or mortgaged the land.

Source: https://dantri.com.vn/bat-dong-san/cham-dang-ky-bien-dong-dat-dai-khi-sang-ten-so-do-bi-xu-phat-ra-sao-20241023110233815.htm