Can an Office Worker Receive a Gift of Rice Cultivation Land from Their Parents?
Are office workers eligible to receive rice cultivation land as a gift from their parents?
Article 191 of the Land Law 2013 stipulates cases in which it is prohibited to transfer or receive as a gift the land use rights as follows:
Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese, and enterprises with foreign investment capital are not allowed to transfer or receive as a gift land use rights in cases where the law does not permit the transfer or gifting of land use rights.
Economic organizations are not allowed to receive the transfer of rice cultivation land, protection forest land, or special-use forest land from households or individuals, except in cases where the land use purpose is permitted to be changed according to the land use planning and plan approved by the competent state authority.
3. Households and individuals who are not directly engaged in agricultural production are not allowed to transfer or receive as a gift rice cultivation land use rights.
- Households and individuals are not allowed to transfer or receive as a gift residential land, agricultural land in protection forest areas, or in strictly protected sub-zones, ecological restoration sub-zones within special-use forests, if they do not reside in those protection forest areas or special-use forests.
Based on the current regulations, if you are working as an office worker and do not directly engage in agricultural production, you will not be allowed to receive the land use rights as a gift from your parents.
Conditions for transferring agricultural land use rights
Article 190 of the Land Law 2013 stipulates the conditions for transferring land use rights as follows:
Households and individuals using agricultural land allocated by the State, obtained through transfer, inheritance, or received as a lawful gift of land use rights from others are only allowed to transfer agricultural land use rights within the same commune, ward, or commune-level town to facilitate agricultural production and are exempt from income tax and registration fees for the transfer of land use rights.
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