Is donating land considered transferring land use rights in Vietnam? What are conditions for donating land use rights in 2020 in Vietnam?

Is donating land considered transferring land use rights in Vietnam?

Regarding land laws, is donating land considered transferring land use rights?

Reply:

Pursuant to Clause 10, Article 3 of the 2013 Land Law, it is stipulated as follows:

10. Transfer of land use rights means the transfer of land use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use rights, or contribution of land use rights as capital.

Thus, according to the above regulations in Vietnam, donating land is considered a transfer of land use rights. In addition, this transfer of rights can be done through many different forms such as conversion, inheritance or even sale (transfer)... and other forms mentioned above.

Is donating land considered transferring land use rights in Vietnam? What are conditions for donating land use rights in 2020 in Vietnam? (Image from the Internet)

What are conditions for donating land use rights in 2020 in Vietnam?

In case parents want to give their children land use rights, what conditions must be met for donation to be carried out legally? Based on what regulations?

Reply:

Clause 1, Article 188 of the 2013 Land Law stipulates:

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.

Thus, if the donor is eligible to exercise the right to donate and the recipient is not prohibited from receiving donations in Article 191 of the 2013 Land Law, the donation will be effective in Vietnam.

When is an individual not allowed to receive land use rights as donation in Vietnam? 

According to the Land Law 2013, in which cases is an individual not allowed to receive land use rights as a donation? Based on what law?

Reply:

Article 191 of the 2013 Land Law stipulates that cases in which acquisition or donation of land use rights is not allowed:

1. Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.

2. Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.

3. Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

4. Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.

Thus, cases in which land use rights cannot be donated include:

- Individuals are not allowed to receive land use rights as gifts in cases where the law does not allow the donation of land use rights.

- Individuals who do not directly engage in agricultural production are not allowed to receive gifts of paddy land use rights.

- Individuals are not allowed to receive gifts to use residential land or agricultural land in protective forest areas, in strictly protected zones, or in ecological restoration zones of special-use forests, if they do not live in the protection forests and special-use forests area.

Best regards!