Is it possible to donate agricultural land to people not engaged in agricultural production in Vietnam? Does land use rights donation contract have to be certified in Vietnam?

Is it possible to donate agricultural land to people not engaged in agricultural production in Vietnam?

Please ask, my brother plans to give me a plot of land to grow rice. I am a teacher at a secondary school, I do not do agricultural production, can I legally receive the above plot of land? Thank you.

Reply:

According to Clause 3 , Article 191 of the 2013 Land Law, it is stipulated that households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

Thus, according to the information you provided, you are a teacher who does not directly do agricultural production, so you are not allowed to receive paddy land as a donation according to regulations in Vietnam.

Does land use rights donation contract have to be certified in Vietnam?

I have a piece of land in the southern village of Hua La commune - Son La city. And made a contract to give to my nephew. So the contract must be notarized in Hua La commune, right? Or do I have to have it notarized at a notary office?

Reply:

Clause 3, Article 167 of the 2013 Land Law stipulates as follows:

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

According to this Article, your land use rights donation contract must be notarized or certified in Vietnam.

That means you can choose one of two forms of notarization or certification.

- Notarization is carried out at notary practice organizations,

- Certification is carried out at the commune-level People's Committee.

Is it possible to donate agricultural land to people not engaged in agricultural production in Vietnam? Does land use rights donation contract have to be certified in Vietnam? (Image from the Internet)

If my parents donate land orally, is it legal for them to reclaim the house and land when we divorce in Vietnam? 

After getting married, my parents gave me a piece of land for my wife and I to build a house, but they only told me, without any paper. May I ask if my parents got that land back after the divorce, is it legal? Or is it considered common property after marriage.

Reply:

According to the provisions of Article 459 of the 2015 Civil Code:

Article 459. Gifts of immoveable property

1. A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.

2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.

According to the provisions of Clause 3, Article 167 of the 2013 Land Law stipulates as follows:

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

According to this Article, the donation of land use rights must be made in writing and notarized or certified. Giving land verbally in your case is not the basis for being able to carry out the procedure to transfer name on the land use rights certificate. Therefore, you do not have enough basis to prove that it is the common property of you and your husband during the marriage period.

If you get that land back after a divorce, it is completely legal. However, if you and your wife have built a house on that land, you can ask your parents to pay construction costs for the house and related works on the land in Vietnam.

Above is our consulting content.

Best regards!