After receiving the notice of land recovery, is it possible to transfer the land in Vietnam?

According to the provisions of Clause 2, Article 49 of Vietnam's Land Law 2013:

"If the land use master plan has been publicized but the annual district-level land use plan is not yet available, land users may continue using land and exercise the rights of land users as prescribed by law.

If the land use master plan and the annual district-level land use plan are available, land users for whom the land use purposes are to be changed or whose land is to be expropriated in accordance with the plans may continue exercising the rights of land users, but may not build new houses or construction works or plant perennial crops. They shall apply for permission from competent state agencies before repairing or renovating existing houses or construction works.”

According to Clause 6, Article 19 of Decree 43/2014/ND-CP, cases in which the LURCs and ownership of houses and other land-attached assets are not granted are as follows:

“The financial obligations for the grant of certificates of land use rights and ownership of houses and other land-attached assets in the cases specified in this Article shall be performed in accordance with law.”

Therefore, if the land use master plan has been publicized but the annual district-level land use plan is not yet available, land users may continue using land and exercise the rights of land users as prescribed by law.

When there is a notice of land acquisition that has an annual land use plan of the district level, the land users will have their rights restricted:

- Construction of houses and works;

- Planting perennial plants on the land;

- When renovating and repairing existing houses and works, permission must be obtained from competent state agencies;

- Issuance of a certificate of land use rights, ownership of houses and other land-attached assets.

Does the restriction on the issuance of a land use right certificate means a restriction on the right to transfer, inherit, donate, mortgage or contribute capital with land use rights?

According to the provisions of Article 188 of the Land Law 2013, the notice of land recovery (unless there is a decision on land recovery) is not a condition to restrict the rights related to the transaction of the land use right holder.

Thus, when there is a notice of land recovery without a decision on land recovery, land users are not restricted in the right to transfer, donate, mortgage, inherit, or contribute capital with land use rights. However, changes can only be registered at the certificate of land use rights, the ownership of houses and other land-attached assets that have been issued without being renewed with a new certificate to ensure following the regulations in Clause 6, Article 19 of Decree 43/2014/ND-CP.

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