17/10/2022 11:20

Issue regarding the conversion of agricultural land use rights in Vietnam

Issue regarding the conversion of agricultural land use rights in Vietnam

My father and mother exchanged farmland with neighbors to facilitate farming. Currently, the two sides are in dispute. I know more about the regulations on land use right conversion in Vietnam? “Anh Hoang-Vinh Long”

Hello, The Editorial Board would like to answer your questions as follows:

According to the provisions of the Land Law of Vietnam, “Land use right conversion is a form of land use right transfer in which parties (households, individuals in the same commune, ward or township) transfer agricultural land use rights to each other (for agricultural land exchange), the parties are both the convertor but also the recipient of the conversion.”

1. Conditions for conversion of agricultural land use rights

Households and individuals may convert agricultural land use rights when fully meeting the following conditions:

- 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 Land Law 2013;

- The land is dispute-free;

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

- Within the land use term.

- Use of agricultural land due to land allocation by the State, conversion, transfer, inheritance or donation of the lawful land use right from another person.

- Transfer of agricultural land use rights in the same commune, ward or township to other households and individuals to facilitate agricultural production.

2. Some judgments on conversion of agricultural land use rights

Judgment on agricultural land conversion contract dispute No. 03/2020/DSPT

- Judgment level: Appellate

- Judicial body: People's Court of Vinh Phuc province

- Quoting the content: "The first-instance court determined the legal relationship on the basis of the plaintiff's lawsuit claim as a "Dispute over property being agricultural land". However, the appellate trial panel found that Mr. D's use of the field of Mr. H's family was on the basis of a contract to convert land use rights (according to the land exchange paper between Mr. D and Mr. L). In fact, there has been a change in fields between the two sides since the change until now. Therefore, in order to settle the plaintiff's lawsuit claim, it is necessary to consider the legitimacy of the land use right conversion contract signed and performed between Mr. L and Mr. D. Is the plaintiff's request for a lawsuit enough grounds? "

Judgment on the dispute over the oral contract for the conversion of agricultural land use rights No. 89/2022/DS-PT

- Judgment level: Appellate

- Judicial body: High People's Court in Hanoi

- Quoting the content: "In terms of the form of land use right conversion transaction between households and Mr. T1, it is not guaranteed as prescribed in Article 691 of the Civil Code 1995. However, the parties have handed over the land above. Mr. T1 used the land area to exchange in the field for stable cultivation to accumulate the same household in the same plot at L1.To ensure the stability of civil transactions, it is necessary to recognize the oral contract on land exchange between Mrs. H1 and Mr. T1. Pursuant to Clause 2, Article 129 of the Civil Code 2015 and Case No. 15/2017/AL, recognizing the oral agreement on the conversion of agricultural land use rights by the Judicial Council of the Supreme People's Court, the conversion transaction is determined. The agricultural land use right between Mr. T1's household and Mrs. H1's household is not formally invalid. "

Judgment 09/2017/DS-PT dated September 28, 2017 on the dispute over the contract for the conversion of agricultural land use rights

- Judgment level: Appellate

- Judicial body: People's Court of Ha Nam province

- Quoting the content: "Following the policy of changing fields to facilitate farming, Ms. V converted low-lying fields for inefficient production to Mr. D. Mr. D took low-lying fields as a multi-cropping model. On November 18, 2004, between Mr. Cao Van D's household and Ms. Tran Thi V's household, it was agreed to convert the field and make a document signed by Mr. D, Ms. V, and certified by Mr. Luong. Mrs. V transferred to Mr. D field No. 30, map sheet No. 4, 714m2 of land in Cua Dinh field; Mrs. V received the conversion from Mr. D, field No. 25, map sheet No. 4, 710m2 of rice land in Dong Dam field.The conversion period starts on November 18, 2004, and the land use term is regulated by the Land Law (BL 95). In the record of agricultural land conversion, only representatives of the two household heads are signed and certified by the Village Management Board. The conversion of land between the two households was approved by the Commune People's Committee and allowed for Mr. D to build a multi-cultivation model. The members of the household also agreed to practice farming for many years without any comments.

Best regards!

Nhu Y

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