Can land be sold without the consent of co-owners in Vietnam?
Last year, I and some friends contributed to buy a piece of land, land to grow perennial crops. Currently, I want to sell my divided land but some people disagree, can I do it?
Can land be sold without the consent of co-owners in Vietnam?
Pursuant to Point b, Clause 2, Article 167 of the 2013 Land Law, which provides for the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital as follows:
2. A group of land users sharing land use rights have the following rights and obligations:
a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.
In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.
Thus, comparing the above regulations in Vietnam, you can request to separate the part of your land area recorded in the certificate of land use rights to separate it into a separate plot, then you can make a separate transfer of this separated land area.
However, in order to ensure the eligibility to separate and transfer the land plot, depending on the specific situation of each locality, each province may have different regulations on the minimum limit allowed to separate the land plot. prescribed in the Decision of the Provincial People's Committee in Vietnam.
Best Regards!
