Graveyard Land, Issued Certificate to Individuals, Falls under the Category of Allocated Land without or with Fee?
Cemetery land, when issued to individuals, is it considered land allocated free of charge or with a fee?
According to Clause 2, Article 54 of the 2013 Land Law, it is stipulated as follows:
Article 54. Allocation of land without land levy
The State allocates land without land levy in the following cases:
- Land users of protective forests, special-use forests, production forests that are natural forests, land for building office headquarters, land used for national defense and security purposes; land used for public purposes not intended for business purposes; land for cemeteries and graveyards not falling under the cases specified in Clause 4, Article 55 of this Law;
Thus, for cemetery land not falling under the case of implementing cemetery and graveyard infrastructure investment projects for transferring land use rights attached to the infrastructure, individuals will be allocated land by the State without land levy.
Is land allocated by the state for cemeteries allowed to be transferred?
According to Point c, Clause 1, Article 179 of the 2013 Land Law, it is stipulated as follows:
Article 179. Rights and obligations of households and individuals using land
- Households and individuals using agricultural land allocated by the State within the limit; land allocated by the State with land levy, leased land paying rent in a lump sum for the entire lease period, land recognized by the State as having land use rights; land exchanged, transferred, given as a gift, inherited shall have the following rights and obligations:
c) Transfer the land use rights in accordance with the law;
Thus, in the case of individual cemetery land allocated within the limit, you have the right to transfer the land use rights. However, to be able to transfer, you need to meet the conditions for transfer specified in Article 189 of the 2013 Land Law.
Sincerely!
