Can land use master plans be sold in Vietnam?

Can land use master plans be sold in Vietnam?

Pursuant to Clause 2, Article 49 of the 2013 Land Law, there are the following provisions:

2. 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.

Thus, according to the above provisions in Vietnam, in case the land use master plans has been publicized but the annual district-level land use plan is not yet available, or the land use master plan and the annual district-level land use plan are available still has the right to transfer the land use right. So you still have the right to sell your land despite master planning.

However, when you sell this land, you need to meet the conditions to exercise the rights to transfer the land use rights in Vietnam.

Conditions for the exercise of the rights to transfer land use rights in Vietnam

Pursuant to Article 188 of the 2013 Land Law, 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 as follows:

1. 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.

2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.

3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

Best Regards!