According to current Vietnam’s regulations, one of the mandatory conditions for a user to transfer his/her land use right is to have a certificate of land use right (red book). However, there are now exceptions when land users who do not need a red book can also perform the transfer.
Article table of contents
First, overseas Vietnamese who inherits land use rights in Vietnam but is not eligible to own houses in Vietnam.
According to Clause 3 Article 186 of the Land Law 2013 of Vietnam:
3. If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:
a/ In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;
According to the above provision, foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam shall not be granted the certificate of land use rights (red book) and ownership of houses and other land-attached assets in case of inheritance but may act as the transfer or in the contract of transfer of land use rights in case of transferring land use rights.
Second, the recipient of the land use right under the provision of Clause 1 Article 168 of the Land Law 2013 of Vietnam.
Article 168. Time to exercise the rights of land users
1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.
Thus, for persons who receive land use rights through inheritance, even in the case of inheritance according to a will or by law, they may transfer land use rights when meeting the conditions for being granted a land use right certificate. In this case, both the transferor and the transferee must check whether the land is eligible for a land use right certificate according to Articles 99, 100, 101, 102 of the Land Law 2013 of Vietnam and guiding documents.
Third, households and individuals receiving conversion of agricultural land use rights.
According to Clause 1 Article 168 of the Land Law 2013 of Vietnam, “in case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease”. Therefore, households and individuals that receive agricultural land conversion in the same commune, ward or township with other households and individuals will be able to transfer their land use rights when there is a decision on land allocation or land lease issued by a competent agency.
The above is a summary of cases where the use right is transferred without a red book, view more details in the Land Law 2013 of Vietnam.
Hieu Khanh
- Key word:
- Land Law 2013
- red book
