Is it possible for land without LURC to be transferred in Vietnam?

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 as prescribed by law. Therefore, is it possible for land without LURC to be transferred in Vietnam?

Is it possible for land without LURC to be transferred in Vietnam? (Illustration)

According to Clause 1, Article 188 of the Land Law 2013, land users may exercise the rights to transfer land use rights when meeting the following conditions:

(1) Having the certificate, except the following cases:

- 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, 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 provisions

- 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. (Clause 1, Article 168 of the Land Law 2013)

- 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 certificateof land use rights and ownership of houses and other land-attached assets. (Clause 1, Article 168 of the Land Law 2013)

(2) The land is dispute-free;

(3) The land use rights are not distrained to secure judgment enforcement;

(4) Within the land use term.

 In addition, 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 Land Law.

Thus, land without a land use right certificate will not be allowed to be transferred unless the recipients of the land use right are not granted a land use right certificate because they are not eligible to buy houses associated with residential land use rights in Vietnam; there is a decision on land allocation or land lease for the conversion of agricultural land use rights; or they are eligible to issue a Certificate of land use rights, ownership of houses and other land-attached assets, in the case of inheritance of land use rights.

Bao Ngoc

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