1. Regulations on the time limit for transferring red book names

Transferring the name to the red book is the last important step for the State to officially recognize the user's land use rights.

According to the provisions of Article 95 of the 2013 Land Law, within no more than 30 days from the date of any change in land use rights, the land user must complete the change registration procedure. In case of inheritance of land use rights, the time limit for registration of changes will be calculated from the date of division of land use rights after the inheritance is divided.

Change registration applies to many cases, including conversion, transfer, lease, sublease, inheritance, donation of land use rights, and transactions of assets attached to land. In addition, in each land transfer transaction, personal income tax will also be calculated and must be paid. Therefore, when personal income arises from this transaction, the land user is responsible for complying with tax regulations and paying taxes properly.

2. What is the penalty for late transfer of red book name?

According to the Law on Tax Administration 2019, Clause 2 of Article 33 also regulates direct tax registration with tax authorities, which stipulates that taxpayers must carry out tax registration procedures within 10 working days. from the date on which the personal income tax liability arises.

Based on this, failure to properly carry out title transfer procedures or record changes in the red book by land users can lead to administrative sanctions. The specific fine level will depend on the provisions of law and may change over time.

2.1. Penalty for late registration of red book name transfer

According to the provisions of Decree 91/2019/ND-CP of the Government of Vietnam, Clauses 2 and 3 of Article 17 clearly stipulate the level of administrative penalties for failure to register land changes. Penalty rules are as follows:

For rural areas:

• When violating within 24 months from the date of exceeding the time limit specified in Clause 6 of Article 95 of the Land Law without registering changes, the violator may be fined from 1,000,000 VND to 3,000,000 VND.
• In case of violation within 24 months from the date of exceeding the time limit specified in Clause 6 of Article 95 of the Land Law without registering changes, the fine can be from 2,000,000 VND to 5,000,000 VND.

For urban areas:

The penalty level will be equivalent to the penalty level in rural areas, but doubled, meaning the penalty level will be twice the corresponding penalty level in rural areas.

2.2. Penalty for late tax declaration

People who are responsible for paying taxes and are slow in carrying out tax declaration procedures may face administrative sanctions, according to the provisions of Article 13 of Decree 125/2020/ND-CP. Penalties may vary depending on each specific situation as follows:

4. When there is one of the following acts:

a) Submitting tax declaration documents 61 to 90 days beyond the prescribed time limit: Fine from 8,000,000 VND to 15,000,000 VND.

b) Submitting a tax declaration 91 days or more beyond the prescribed time limit but not incurring tax payable: Fine from 8,000,000 VND to 15,000,000 VND.

c) Failure to submit tax declaration but no tax payable arises: Fine from 8,000,000 VND to 15,000,000 VND.

d) Failure to submit appendices according to regulations on tax administration for enterprises with associated transactions attached to corporate income tax finalization dossiers: Fine from 8,000,000 VND to 15,000,000 VND.

5. When submitting a tax declaration more than 90 days after the deadline, there is a tax payable, and the taxpayer has paid the full tax amount before the tax authority announces the decision. tax inspection, tax inspection, or before the tax authority makes a record of late submission of tax declaration documents as prescribed in Article 143 of the Law on Tax Administration: Fine from 15,000,000 VND to 25,000,000 VND .

In case the fine amount as prescribed above is greater than the tax amount incurred on the tax declaration dossier, the maximum fine amount for this case will be equal to the tax amount incurred and payable on the tax declaration dossier. but not lower than the average level of the fine bracket specified in Article 4.

3. Meaning of the above regulations on red book transfer deadline

Regulations on red book transfer deadlines and administrative penalties are important in managing and ensuring the accuracy of land information during the property transaction process. Here is what these regulations mean:

• Confirming land ownership and management: The deadline for red book transfer defines a reasonable time frame for relevant parties to confirm and update information on land ownership and management after transaction. This helps ensure the accuracy of the red book and avoid conflicts in land use rights.
• Tax management: Regulations on red book transfer deadlines are also related to tax management. When land transactions occur, information about land use rights and property values ​​often changes. Therefore, declaring taxes within the prescribed deadline helps ensure that taxes collected from this transaction are calculated and paid according to regulations, and helps prevent tax evasion.
• Real estate development and urban planning: Red book transfer deadline also has an impact on the real estate development and urban planning process. Changing the red book name too late or not on time can cause delays in urban development and traffic projects. Therefore, promoting timely title transfer plays an important role in maintaining the sustainable development of the region.
• Penalties for violations: Regulations on administrative penalties for violating the red book transfer deadline have the goal of motivating people and parties involved in land transactions to comply with the regulations on deadlines. Sanctions can be a means of ensuring the strictness of the law and ensuring that people comply with specific time limits.
• Limit fraud and non-transparent transactions: Setting a time limit for transferring red book title prevents fraud and non-transparent land transactions. When land users have to meet specific deadlines, they cannot delay updating information on land ownership and management. This helps limit "underhand" land transfers to avoid taxes and ensure transparency and fairness in land transactions.
• Public asset management: Regulations on red book transfer deadlines are also related to public asset management. Land and assets on land are usually the property of the State. Without specific regulations on time limits and procedures for transferring names, the management of public assets can be difficult and lead to abuse and waste.
• Protecting the rights and interests of the parties participating in the transaction: Regulations on the red book transfer deadline help protect the rights and interests of the parties participating in the land transaction. It ensures that land use rights are recognized and protected in accordance with the law. This helps avoid future disputes and conflicts related to land ownership and management.
• Promote legal compliance and create a healthy business environment: Regulations on red book transfer deadlines help promote legal compliance and create a healthy business environment. When people and businesses comply with regulations, they contribute to creating a stable business environment and increase confidence in the real estate market.

In short, regulations on red book transfer deadlines not only have implications for land asset management but are also related to tax management, protecting the rights and interests of participating parties, and creating a business environment. healthy. It helps ensure accuracy and transparency in land management and real estate asset transactions.