03/04/2023 08:38

Is it allowed to transfer paddy land in Vietnam?

Is it allowed to transfer paddy land in Vietnam?

I want to transfer my paddy land to my friend. Is it legal? Does my friend need to meet any conditions to receive the transfer of paddy land? "Dang Quang-Hanoi, Vietnam"

Hello, Lawbet would like to answer as follows:

1. Is it allowed to transfer paddy land in Vietnam?

According to the provisions of Clause 1, Article 188 of the Land Law 2013, the 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 are as follows:

Article 188. 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

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.

Thus, the transfer of paddy land is not prohibited by law. However, the owner who wants to transfer paddy land needs to meet the following conditions:

- Having the certificate;

- The land is dispute-free;

- The land use rights are not distrained to secure judgment enforcement;

- Within the land use term.

2. Cases in which acquisition or donation of land use rights is not allowed in Vietnam

In parallel with the conditions for the transferor to sell the rice land, the transferee is also not allowed to receive the transfer or donation of the land use right if it falls into the cases specified in Article 191 of the Land Law as follows:

Article 191. Cases in which acquisition or donation of land use rights is not allowed

Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.

Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.

Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.

Thus, in your case, the pađy land you intend to transfer must satisfy the conditions specified in Clause 1, Article 188 of the Land Law 2013 above. In addition, your friend must not fall into the cases of not receiving the transfer of paddy land specified in Article 191 of the Land Law 2013, specifically, the transferee must be an individual directly engaged in agricultural production.

3. What are the fines for individuals receiving trade or gifts in form of land use rights of paddy land without directly participate in agricultural activities in Vietnam?

According to Clauses 2 and 5, Article 26 of Decree 91/2019/ND-CP stipulates:

Article 26. Receipt of trade and gift of land use rights under certain conditions of households and individuals without satisfying conditions specified in Articles 191 and 192 of Land Law

A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on households and individuals receiving trade or gifts in form of land use rights of paddy land without directly participate in agricultural activities.

...

Remedial measures:

a) Enforce return of the area of land subject to the trade caused by the violations specified in Clauses 1, 2, 3 and 4 of this Article; except for cases in Point b of this Clause;

b) In case parties transferring land use rights in cases specified in Clause 1 of this Article no longer live in the protection forests or reserve forests, the government shall revoke the land as per the law.

Thus, individuals receiving trade or gifts in form of land use rights of paddy land without directly participate in agricultural activities will be fined from VND 2,000,000 to VND 5,000,000 and must return the transferred land area.

Best regards!

Le Thi Phuong Ngan
114


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