What are 08 cases ineligible to convey, inherit, donate land use right certificates in Vietnam from July 1, 2024 under the Land Law 2024?
08 Cases ineligible to convey, inherit, donate land use right certificates in Vietnam from July 1, 2024 under the Land Law 2024
Based on the provisions of Clauses 1 and 8 of Article 45 of the Land Law 2024 regarding the conditions to convey, inherit, donate land use right certificates in Vietnam as follows:
* Land users are allowed to implement the rights to exchange, convey, lease, sublease, inherit, donate land use rights; mortgage, contributing capital with land use rights when the following conditions are met:
- Possessing a Certificate of land use rights, or a Certificate of house ownership and land use rights, or a Certificate of land use rights, house ownership and other assets attached to land, or a Certificate of land use rights, ownership of assets attached to the land, except in cases of inheritance of land use rights, conversion of agricultural land when restructuring plots, donation of land use rights to the State, community, and cases stipulated in Clause 7, Article 124 of the Land Law 2024 and Point a, Clause 4, Article 127 of the Land Law 2024;
- The land has no disputes, or if there are disputes, they have been resolved by a competent state authority, judgment, or decision of the court, arbitration decision that has legal effect;
- The land use rights are not being enforced or subject to other measures to ensure the execution of civil judgments according to the civil judgment enforcement law;
- The land is still within the usage term;
- The land use rights are not subject to emergency measures according to the law.
** Cases where transfer of land use rights is not allowed are stipulated as follows:
- Economic organizations are not allowed to receive the transfer of rights to use protective forest land, special-use forest land from individuals, except when allowed for land-use purpose conversion according to an approved land-use plan;
- Individuals not residing in the area of protective forests, special-use forests cannot receive the transfer, donation of rights to use homestead land and other land within protective forest areas, strict protection zones, and ecological restoration zones in such special-use forests;
- Organizations, individuals, community groups, religious organizations, dependent religious organizations, Vietnamese residing abroad, and foreign-invested economic organizations are not allowed by law to receive the transfer or donation of land use rights.
Based on the land use right certificate transfer conditions stipulated in Clauses 1 and 8, Article 45 of the Land Law 2024, the following cases are not allowed for land use right certificate transfer in 2024:
(1) Land without a land use right certificate
Note: Except for cases of inheritance of land use rights, conversion of agricultural land in land restructuring, donation of land use rights to the State, or the community, and cases stipulated in Clause 7, Article 124 of the Land Law 2024 and Point a, Clause 4, Article 127 of the Land Law 2024;
(2) Land in dispute/dispute not resolved by a competent state authority, court judgment, or arbitration decision not yet effective;
(3) The land use rights are being enforced or subject to other measures to ensure civil judgment enforcement;
(4) Land usage term has expired;
(5) Land use rights subject to emergency measures;
(6) Economic organization buying protective forest land, special-use forest land from individuals (except when allowed for land-use purpose conversion according to an approved land-use plan);
(7) Individuals not residing in the area of protective forests, special-use forests buying homestead land and other land within protective forest areas, strict protection zones, and ecological restoration zones in such special-use forests;
(8) Organizations, individuals, community groups, religious organizations, dependent religious organizations, Vietnamese residing abroad, and foreign-invested economic organizations where the law does not allow buying land.
What are 08 cases ineligible to convey, inherit, donate land use right certificates in Vietnam from July 1, 2024 under the Land Law 2024? (Image from the Internet)
Cases ineligible for issuane of land use right certificates in Vietnam
Based on Clause 1, Article 151 of the Land Law 2024, 7 cases are not eligible for issuane of land use right certificates in Vietnam from August 1, 2024, as follows:
(1) Agricultural land used for public interest purposes according to Article 179 of the Land Law 2024;
(2) Land allocated for management purposes as stipulated in Article 7 of the Land Law 2024, except when the land is used jointly with land allocated for management purposes, it is eligible for a Certificate of land use rights, ownership of assets attached to the land for the area of land used according to the land allocation or lease decision by a competent state authority;
(3) Leased or subleased land from the land user, except for land leased or subleased from infrastructure construction and business investors, in accordance with an approved investment project;
(4) Contracted land, except when recognized land use rights as stipulated at Point a, Clause 2, Article 181 of the Land Law 2024;
(5) Land subject to recovery decisions by competent state authorities, except when over 03 years have passed since the recovery decision without execution;
(6) Land in dispute, subject to enforcement, or other measures to ensure civil judgment enforcement according to civil judgment enforcement law; land use rights subject to emergency measures;
(7) Organizations allocated land by the State without a land levy for public purposes not aimed at business.
Cases for reissuance of land use right certificate in Vietnam from August 1, 2024
Based on Clause 1, Article 38 of Decree 101/2024/ND-CP, cases for reissuance of land use right certificate in Vietnam are stipulated as follows:
(1) Land users request to change the Certificate issued before August 1, 2024, to the Certificate of land use rights, ownership of assets attached to the land;
(2) The issued Certificate is disfigured, faded, torn, or damaged;
(3) The issued Certificate is for multiple parcels, and separate Certificates are needed for each parcel as per the land user's request, or the case for reissuance as stipulated in Clause 7, Article 46 of Decree 101/2024/ND-CP;
(4) The land use purpose on the issued Certificate differs from the land use purpose classification at the time of issuance, as per Article 9 of the Land Law 2024;
(5) The parcel position on the issued Certificate is inaccurate compared to the actual land usage at the time of issuance;
(6) The land use rights, ownership of assets attached to the land are common property of the husband and wife, but the Certificate has only the name of either the husband or the wife, and they now request a reissuance to include both names;
(7) The issued Certificate lists the household name, but now the household members with joint land use rights request a reissuance to list all joint users;
(8) Change of parcel address on the issued Certificate;
(9) Changes in the size, boundaries, area, or parcel number due to cadastral survey or cadastral mapping, provided the parcel boundaries remain unchanged.
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