Cases in which the Red Book title transfer is not allowed in 2023: What are the conditions for Red Book title transfer?
What are the conditions for transferring a land use right certificate?
Pursuant to Article 188 of the Land Law 2013 stipulating the conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights as follows:
Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights
1. Land users shall exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights when having the following conditions:
a) Having a Certificate of land use rights, except for the case specified in Clause 3 Article 186 and the case of inheritance specified in Clause 1 Article 168 of this Law;
b) The land is not disputed;
c) The land use rights are not seized to ensure judgment execution;
d) Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, land users when exercising the rights to exchange, transfer, lease, sublease, inherit, donate land use rights; mortgage land use rights, contribute capital with land use rights must also meet the conditions specified in Articles 189, 190, 191, 192, 193, and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance, donation, mortgage of land use rights, contribution capital with land use rights must be registered at the land registration agency and valid from the time of registration in the cadastral book.
Land users have the right to transfer the land use right certificate when the following conditions are met:
- Having a Certificate of land use rights, except for the case specified in Clause 3 Article 186 and the case of inheritance specified in Clause 1 Article 168 of this Law;
- The land is not disputed;
- The land use rights are not seized to ensure judgment execution;
- Within the land use term.
Moreover, land users when exercising the rights to exchange, transfer, lease, sublease, inherit, donate land use rights; mortgage land use rights, contribute capital with land use rights must also meet the conditions specified in Articles 189, 190, 191, 192, 193, and 194 of the Land Law 2013.
What are the cases in 2023 where transferring a land use right certificate is not allowed? What are the conditions for transferring a land use right certificate? (Image from Internet)
What are the cases in 2023 where transferring a land use right certificate is not allowed?
Based on the conditions for transferring a land use right certificate mentioned above, the land in the following cases is not allowed to be transferred:
- The land is being disputed and has not yet received a final decision from the court;
- The land is being seized to ensure judgment execution;
- The land use term has expired.
Additionally, if the land user (the seller or donor) meets the conditions specified in Article 188 of the Land Law 2013 but the buyer or donee belongs to the category not allowed to purchase or receive the land use rights, the transfer cannot proceed. In other words, these are the prohibited cases for transferring.
According to Article 191 of the Land Law 2013, there are 4 cases where the land use rights cannot be transferred, donated:
(1) Organizations, families, individuals, community members, religious establishments, overseas Vietnamese, and foreign-invested enterprises are not allowed to receive the transfer or donation of land use rights in cases where the law does not permit such transfer or donation.
(2) Economic organizations are not allowed to receive the transfer of rice cultivation land, protection forest land, or special-use forest land from families or individuals, except where land use purposes are changed based on approved land use plans or schemes from competent state authorities.
(3) Families, individuals who do not directly engage in agricultural production are not allowed to receive the transfer or donation of rice cultivation land use rights.
(4) Families, individuals are not allowed to receive the transfer or donation of land use rights in homestead land, agricultural land within protection forests or strict conservation subdivisions, restoration subdivisions in special-use forests if they do not reside in the protection forest or special-use forest areas.
Therefore, if the buyer or donee of the land use rights falls into one of the four categories mentioned above, transferring the land use right certificate is not permissible even if the seller or donor meets all the conditions.
Additionally, Article 192 of the Land Law 2013 stipulates conditions for families and individuals transferring or donating land use rights:
- Families, individuals residing interspersed within strict protection subdivisions, forest restoration subdivisions within special-use forests but are not yet eligible to move out of these subdivisions:
Only allowed to transfer or donate land use rights for homestead land, forest land combined with agricultural, forestry, and aquaculture production to families, individuals residing within those subdivisions.
- Families, individuals allocated homestead land, agricultural production land in protection forest areas by the State:
Only allowed to transfer or donate homestead land, agricultural production land use rights to families, individuals residing within those protection forest areas.
- Families, individuals of ethnic minorities using land allocated by the State under supportive State policies:
Allowed to transfer or donate land use rights after 10 years, from the date of the land allocation decision according to regulations of the Government of Vietnam.
What are the principles for land use?
Pursuant to Article 6 of the Land Law 2013, the principles are as follows:
Principles for land use
1. Proper planning, land use plans and proper land use purposes.
2. Economical, efficient use; environmental protection, and not harming the legitimate interests of surrounding land users.
3. Land users exercise their rights and obligations within the land use term in accordance with this Law and other related legal regulations.
Land use is governed by the following three principles:
- Proper planning, land use plans and proper land use purposes.
- Economical, efficient use; environmental protection, and not harming the legitimate interests of surrounding land users.
- Land users exercise their rights and obligations within the land use term in accordance with this Law and other related legal regulations.
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