If the land does not have a certificate of land use rights in Vietnam, can my uncle still give it to me?

If the land does not have a certificate of land use rights in Vietnam, can my uncle still give it to me?

Let me ask: My uncle in the city has a piece of residential land, he offered to give it to me if I passed the university entrance exam, but currently that land does not have a certificate. So I want to ask, can this be given as a gift?

Reply:

Pursuant to Clause 1, Article 168 of the 2013 Land Law, there are regulations on time to exercise the rights of land users as follows:

1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

Thus, the principle is that it is mandatory to have a certificate, also known as a Certificate of land use rights, ownership of houses and other assets attached to land, to be donated. Because this is not a case of inheritance according to the above legal provisions in Vietnam. Therefore, your uncle needs to go through the procedures to get the book and then gives to you.

Can agricultural land that has just had a decision but does not yet have a certificate be transferred in Vietnam?

Question: In the case of agricultural land that only has a land allocation decision but has not yet been able to get a certificate, is it allowed to transfer? Hope to receive a response soon.

Reply:

In Article 168 of the 2013 Land Law, there is a regulation: Time to exercise the rights of land users. As follows:

1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

2. The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.

Thus, according to the above regulations in Vietnam, if the transfer of land use rights, including agricultural land, is carried out when there is a certificate. In case there has been a decision to allocate or lease agricultural land, the land user has right to exercise the right to convert use rights.

If the land does not have a certificate of land use rights in Vietnam, can my uncle still give it to me? (Image from the Internet)

Can a certificate be owned by 2 unmarried people in Vietnam?

Question: My boyfriend and I plan to buy a piece of land together in our hometown, but we haven't registered our marriage yet. So: Is it possible for a certificate to be in the same name of 2 unmarried people?

Reply:

Clause 2, Article 98 of the 2013 Land Law stipulates principles of grant of certificates of land use rights and ownership of houses and other land-attached assets as follows:

2. For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.

Thus, in case you and your boyfriend have not registered marriage, you can still co-own the land you intend to buy, then the Land Use Rights Certificate will record the full names of both of you and issue 01 Certificate for each person. If requested, issue a common Certificate and give it to the representative.

Best regards!