Is the Transfer of Perennial Crop Land Permissible?

Based on Point b Clause 1 Article 10 of the 2013 Land Law, perennial crop land is classified as agricultural land.

Article 188 of the 2013 Land Law stipulates the conditions for the transfer of land use rights as follows:

1. Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights, and contribute capital by land use rights when the following conditions are met:

a) Having a Certificate, except for cases specified in Clause 3, Article 186 and cases of inheritance as prescribed in Clause 1, Article 168 of this Law;

b) The land is dispute-free;

c) The land use rights are not under distraint to ensure the execution of judgments;

d) Within the land use period.

2. In addition to the conditions specified in Clause 1 of this Article, land users when exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights, mortgage land use rights, and contributing capital by land use rights must also meet the conditions prescribed in Articles 189, 190, 191, 192, 193, and 194 of this Law.

3. The conversion, transfer, lease, sublease, inheritance, donation, mortgage of land use rights, and contributing capital by land use rights must be registered at the land registration office and shall take effect from the time of registration into the land registry.

Additionally, Article 190 of this Law stipulates conditions for the transfer of agricultural land as follows:

Households and individuals using agricultural land allocated by the State, acquired through conversion, transfer, inheritance, as a legal donation of land use rights from others, can only transfer agricultural land use rights within the same commune, ward, or commune-level town to other households and individuals for the convenience of agricultural production and are exempted from income tax from the land use rights transfer and registration fees.

Based on the above grounds, households and individuals can transfer the use rights of perennial crop land if the following conditions are met:

- The land has a Certificate except for inheritance cases as prescribed;

- The land is dispute-free;

- The land use rights are not under distraint to ensure the execution of judgments;

- Within the land use period;

- Transferring land use rights within the same commune, ward, or commune-level town to other households and individuals;

- The land use rights transfer must be registered at the land registration office and takes effect from the time of registration into the land registry.

Respectfully!