Is possible to transfer land use rights for land under disputes in Vietnam?

Is possible to transfer land use rights for land under disputes in Vietnam?

Based on Article 45 of the Land Law 2024, the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate the land use rights; mortgage, contribute capital with land use rights; receive transfer, receive donation of land use rights are defined as follows:

Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate the land use rights; mortgage, contribute capital with land use rights; receive transfer, receive donation of land use rights

1. Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate the land use rights; mortgage, contribute capital with land use rights when they meet the following conditions:

a) Having a Certificate of land use rights or a Certificate of house ownership and homestead land use rights or a Certificate of land use rights, house ownership, and other properties attached to the land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating or exchanging plots, donation of land use rights to the state, community, and the cases particularly stipulated in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;

b) The land is not in dispute or any dispute has been resolved by a competent state authority, a court judgement, a decision, or an arbitration award that has taken legal effect;

c) The land use rights are not being seized, subject to any enforcement measures to ensure the execution of judgments according to the law on civil judgment enforcement;

d) Within the land use term;

dd) The land use rights are not subject to emergency measures as prescribed by law.

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According to the above regulations, land users are allowed to transfer land use rights when they meet the following conditions:

1. Having a Certificate of land use rights or a Certificate of house ownership and homestead land use rights or a Certificate of land use rights, house ownership, and other properties attached to the land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating or exchanging plots, donation of land use rights to the state, community, and other specific cases according to regulations

2. The land is not in dispute or any dispute has been resolved by a competent state authority, a court judgement, a decision, or an arbitration award that has taken legal effect

3. The land use rights are not being seized, subject to any enforcement measures to ensure the execution of judgments according to the law on civil judgment enforcement

4. Within the land use term

5. The land use rights are not subject to emergency measures as prescribed by law.

Thus, if the land is under dispute, the land user cannot transfer the land use rights. Only when the dispute has been resolved by a competent state authority, a court judgement, a decision, or an arbitration award that has taken legal effect, can the land use rights be transferred.

Is possible to transfer land use rights for land under disputes in Vietnam?​ (Image from Internet)

Which entities are considered land users in Vietnam?

Based on Article 4 of the Land Law 2024, land users are defined as follows:

Land users

Land users are those who are allocated land, leased land, or recognized the land use rights by the state; those who are using land stably, are eligible for the issuance of a Certificate of land use rights, ownership of the property attached to the land but have not been granted a Certificate of land use rights, ownership of residential house and homestead land use rights, or a Certificate of land use rights, house ownership, and other properties attached to the land; those who receive land use rights; those who lease land according to this Law's provisions, including:

1. Domestic organizations including:

a) State agencies, Communist Party of Vietnam agencies, people's armed forces units, Vietnam Fatherland Front, political-social organizations, socio-professional political organizations, social organizations, socio-professional organizations, public service providers, and other organizations as prescribed by law;

b) Economic organizations as defined in the Investment Law, except those specified in Clause 7 of this Article (hereinafter referred to as economic organizations);

2. Religious organizations and their affiliated entities;

3. Domestic individuals, overseas Vietnamese who are Vietnamese citizens (hereinafter referred to as individuals);

4. Resident communities;

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Thus, land users include the following entities:

- Domestic organizations including:

+ State agencies, Communist Party of Vietnam agencies, people's armed forces units, Vietnam Fatherland Front, political-social organizations, socio-professional political organizations, social organizations, socio-professional organizations, public service providers, and other organizations as prescribed by law

+ Economic organizations, except economic organizations with foreign investment

- Religious organizations and their affiliated entities

- Domestic individuals, and overseas Vietnamese who are Vietnamese citizens

- Resident communities;

- Foreign organizations with diplomatic functions, including diplomatic missions, consular offices, and other foreign organizations with diplomatic functions recognized by the Government of Vietnam; representative offices of organizations belonging to the United Nations, intergovernmental organizations, representative offices of intergovernmental organizations;

- Overseas Vietnamese of Vietnamese origin

- Economic organizations with foreign investment

What are the principles of using land in Vietnam?

Based on Article 5 of the Land Law 2024, land use is governed by the following principles:

- Using land according to its purpose.

- Ensuring sustainability, savings, and efficiency for the land and its surface and underground resources.

- Protecting land, protecting the environment, adapting to climate change, and avoiding the abuse of pesticides and chemical fertilizers that cause pollution and land degradation.

- Fulfilling the rights and obligations of land users within the land use term as prescribed; not infringing on the lawful rights and interests of users of adjacent and surrounding lands.