The Agency for Recovery of Commune, Ward Public Land Fund? When Does the Transfer of Land Use Rights Take Effect?
Can Disputed Land Be Gifted?
My name is Thanh from Ninh Binh. I have a 300m2 piece of land and I want to proceed with gifting it to my son. However, this piece of land has been under dispute for the past 2 weeks. Is it possible to gift it?
Answer:
Based on Point b Clause 1 Article 188 of the Land Law 2013, which stipulates the conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, gift, mortgage land use rights; and contribute capital with land use rights, as follows:
Land users can exercise the rights to exchange, transfer, lease, sublease, inherit, gift, mortgage land use rights; and contribute capital with land use rights when they meet the following conditions:
- Have a Certificate of Land Use Rights, except for cases stipulated in Clause 3 Article 186 and cases of inheritance as stipulated in Clause 1 Article 168 of this Law;
- The land is not in dispute;
Thus, according to the regulations above, when the land is in dispute, the land user is not allowed to gift the land use rights. Therefore, this gifting will not be valid.
When Does the Transfer of Land Use Rights Become Effective?
I would like to ask, according to land regulations, which authority has the power to revoke the public land of communes and wards? Is it the provincial level or the district level?
Answer:
Based on Clause 10 Article 3 of the Land Law 2013 stipulates as follows:
The transfer of land use rights means the transfer of land use rights from one person to another through the forms of exchange, transfer, inheritance, gifting of land use rights, and capital contribution with land use rights.
Additionally, Clause 3 Article 188 of the Land Law 2013 also stipulates that:
The exchange, transfer, lease, sublease, inheritance, gifting, mortgage of land use rights, and capital contribution with land use rights must be registered at the land registration office and take effect from the time of registration in the cadastral book.
Thus, forms of transferring land use rights such as exchange, transfer, gifting, inheritance, and capital contribution with land use rights only take effect when registered in the cadastral book. This means the transfer of land use rights is only complete and effective when registered in the cadastral book.
Authority to Revoke Public Land of Communes and Wards?
According to the land regulations, when does the transfer of land use rights become effective?
Answer:
Based on Point b Clause 1 Article 66 of the Land Law 2013 stipulates about the authority to revoke land as follows:
The provincial-level People's Committee decides to revoke land in the following cases:
- Revoking land from organizations, religious establishments, Vietnamese residing abroad, foreign organizations that have diplomatic functions, and foreign-invested enterprises, except for cases stipulated at Point b Clause 2 of this Article;
- Revoking agricultural land that belongs to the public land fund of communes, wards, and commune-level towns.
Thus, the authority to revoke agricultural land that belongs to the public land fund of communes, wards, and commune-level towns lies with the provincial-level People's Committee.
Respectfully!
