How much is the fine for transferring land without a certificate of land use rights in Vietnam? What are the conditions for transferring land use rights?
What are the conditions for transferring land use rights in Vietnam?
According to Clause 1, Article 188 of the 2013 Land Law of Vietnam, land users may exercise the right to transfer land use rights when fully meeting the following conditions:
Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:
a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
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Thus, in order to transfer land use rights, the following conditions must be met:
- Having the Certificate, unless otherwise provided for by law;
- The land is dispute-free;
- The land use rights are not distrained to secure judgment enforcement;
- Within the land use term.
How much is the fine for transferring land without a certificate of land use rights in Vietnam? What are the conditions for transferring land use rights? (Image from the Internet)
How much is the fine for buying and selling land without a certificate of land use rights in Vietnam?
As mentioned above, the certificate of land use rights is one of the mandatory conditions when transferring land use rights (unless otherwise provided by law).
Therefore, the case of individuals buying, selling and transferring land without having a certificate of land use rights will be sanctioned according to the law.
According to Clause 3, Article 18 of Decree 91/2019/ND-CP, the transfer, donation, lease or mortgage of land use rights without satisfaction as prescribed will be fined with the following rates:
Transfer, lease and mortgage of land use rights without satisfaction with Clause 1 Article 188 of Land Law
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3. Trading, gifting, leasing, contributing as capital or subletting land use rights without satisfying following conditions shall be sanctioned as follows:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 for rural areas and from VND 5,000,000 to 10,000,000 for urban areas shall be imposed in case of failure to satisfy any of conditions set forth under Clause 1 Article 188 of Land Law;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 for rural areas and from VND 10,000,000 to 20,000,000 for urban areas shall be imposed in case of failure to satisfy 2 or more conditions set forth under Clause 1 Article 188 of Land Law.
4. Rectification measures:
a) Enforce parties receiving the transfer of land use rights or leasing land to return land to land owners prior to the land transfer or lease; except cases specified in Point b and c of this Clause;
b) Enforce parties receiving the transfer of land use rights to adopt land registration procedures as per the law in case of receiving land use rights without Certificate but eligible for one as specified in Clause 1 Article 82 of Decree No. 43/2014/ND-CP and amendments thereto under Clause 54, Article 2 of Decree No. 01/2017/ND-CP;
c) Enforce parties receiving the transfer of land use rights to adopt land registration procedures as per the law in case parties transferring land use rights are organizations that have dissolved or gone bankrupt, or individuals moving to other locations confirmed by Commune-level People’s Committee where the land is located at the time of discovering the violations whose address cannot be identified, deceased individuals or presumed death by the court without legal heirs;
d) Enforced return of money generated from the sale, lease and sublet of land collected during remaining use period;
dd) Enforce parties trading, leasing, contributing as capital, subletting land use rights to submit illegal revenues generated from transferring land use rights and leasing land without satisfying conditions during violation period; the illegal revenue shall be determined according to Clause 3 and 4 Article 7 of this Decree;
e) Revoke land in case of expired transfer of land use rights or lease of land allocated, lease and recognized by government for land use rights that are not extended as specified in Point d Clause 1 Article 65 of Land Law;
g) Enforced termination of contracts for mortgage in form of land use rights with respect to cases specified in Clause 2 of this Article.
Thus, in case of land transfer without a certificate of land use rights, a fine ranging from VND 3,000,000 to VND 5,000,000 for rural areas, from VND 5,000,000 to VND 10,000,000 for urban areas will be imposed.
Note, the above sanction applies only to individuals, in case of violations by organizations, the sanction level is 2 times that of individuals.
When will the transfer of land use rights take effect?
Pursuant to Clause 3, Article 188 of the 2013 Land Law of Vietnam stipulating as follows:
Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
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3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
According to the above regulations, the transfer of land use rights must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
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