Can Land Subject to Planning be Bought, Sold, Transferred?

Regarding this issue, the LEGAL SECRETARY responds as follows:

Clause 7, Article 49 of the Land Law 2013, amended by Clause 1, Article 6 of the Law amending and supplementing some Articles of 37 Laws related to Planning 2018, provides regulations on this case as follows:

Firstly, land within the planning but without an annual land use plan of the district level

The land user is allowed to continue using the land and exercising the rights of the land user in accordance with the law.

Therefore, in this case, the land user is permitted to exercise all their rights such as transferring, selling (transferring ownership), leasing, subleasing, inheriting, gifting, mortgaging, and contributing the land use rights as stipulated by law.

Secondly, land within the planning with an annual land use plan of the district level

The land user in the area that needs to change the land use purpose and recover the land according to the plan is allowed to continue exercising the rights of the land user, but is not permitted to build new houses or structures, or plant perennial trees. If the land user wishes to renovate or repair existing houses or structures, they must obtain permission from the competent state authority in accordance with the law.

Illustrative image (Source: Internet)

According to the above regulation, if the land under planning has an annual land use plan of the district level, the land user is still allowed to exercise the rights of a land user such as buying, gifting, inheriting, etc. However, there are certain restrictions such as no new constructions, structures, or perennial tree planting are permitted, and any renovation or repair of houses or structures must be approved.

Thus, if the land is within the local planning and land use plan, the land user can continue to exercise their land use rights. Consequently, if your plot of land is under "suspended" planning, your family still has the right to transfer, lease, gift, etc.

Thanh Lam

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE