Is it possible to transfer land use rights when the land does not have enough area to separate plots in Vietnam?

Is it possible to transfer land use rights when the land does not have enough area to separate parcels in Vietnam?

Hello, I would like to ask about the case of land with insufficient area for separation, can it be transferred? Looking forward to receiving feedback!

Reply:

Article 188 of the Land Law 2013 stipulates 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:

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.

According to Clause 1, Article 79 Decree 43/2014/ND-CP:

A land user shall submit 1 dossier set for exercise of rights of land users and owners of land-attached assets.

For exercising the rights of land users on part of a land parcel, before submitting dossiers for exercise of rights of land users, land users shall request the land registration office to measure and divide the land area on which land users need to exercise their rights.

Thus, there is currently no regulation prohibiting the transfer of land with insufficient area to separate parcels in Vietnam. However, based on the above regulations, it can be seen that for land with insufficient area to separate parcels, the procedures for granting books and transferring land cannot be carried out. If the name is correct, it also means that if there is not enough area to separate the parcel, it cannot be legally transferred.

Is it possible to transfer land use rights when the land does not have enough area to separate plots in Vietnam? (Image from the Internet)

Does the land have to have same use purpose when consolidating the parcel in Vietnam?

I have a piece of agricultural land that has been growing rice for a long time. I recently bought two acres of rice fields close to my house's fields. This land also has its own certificate. I want to merge the two fields into one red book. Is it possible? Can you give me some advice?

Reply:

Legal grounds:

- the Land Law 2013;

- Decree 43/2014/ND-CP guiding the Land Law;

- Circular 25/2014/TT-BTNMT on cadastral maps;

- Circular 30/2014/TT-BTNMT on documents for land allocation and change of land use purpose.

According to Clause 1, Article 3 of the Land Law 2013, land parcel means a land area delimited by boundaries determined in the field or described in records.

According to Point 2.1, Clause 2, Article 8 of Circular 25/2014/TT-BTNMT stipulates:

- The land parcel is determined according to the scope of management and use of a land user or a group of people using the same land or of a person assigned by the State to manage the land; have the same purpose of use according to the provisions of land law.

Thus, if adjacent land parcels combine to form a new land parcel, those land parcels must have the same use purpose. In case adjacent land parcels do not have the same use purpose but want to merge the parcels, the land use purpose must be changed to the same type of land.

Based on the provisions of law in this case, because your two parcels of land have the same purpose of use as rice growing land, you can completely carry out the procedures for merging parcels according to the provisions of law in Vietnam.

Can a document dividing common property be notarized when the land area is not enough to separate the plots in Vietnam?

My husband and I made an agreement to divide common property during the marriage. Can a notary certify the document dividing our common property when the land area is not enough to separate the parcel?

Reply:

Pursuant to the provisions in Clause 2, Article 29 Decree 43/2014/ND-CP guiding the implementation of land law:

2. Notarization, certification, grant of a certificate of land use rights and ownership of houses and other land-attached assets, and carrying out of procedures to exercise the rights of land users are not allowed in case land users arbitrarily divide the land parcels already registered and granted with the certificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial-level People’s Committee.

Thus, if there is an agreement to divide the common property of husband and wife but the land after division does not have enough area to separate the parcel, the notary is not allowed to notarize it in Vietnam.

Best regards!