Currently, many people whose land is in the planning often have a problem: is the land in the planning allowed to buy and sell? The following article will provide readers with relevant legal provisions to answer the above question.
Article table of contents
Is the land in the planning allowed to buy and sell? (Illustration)
1. How to check whether the land is in the planning or not?
According to Article 48 of the 2013 Land Law (amended and supplemented by Clause 1, Article 6 of the Law amending and supplementing a number of articles of 37 Laws related to planning in 2018 ), the entire content of land use planning issued After being approved by a competent state agency, it must be publicly announced. Therefore, to know whether the land belongs to the planning or not, people have the following ways to check:
- View the land use planning at the headquarters of the People's Committee of the district or commune where the land related to that land use planning is located.
- View the land use planning on the web portal of the People's Committee of the district where the land is located.
In addition, people can also consult the commune-level cadastral official or people in the area where the land plot is located to get more information.
2. Can land under planning be bought and sold?
Pursuant to Article 49 of the 2013 Land Law (amended by the Law amending and supplementing a number of articles of 37 Laws related to planning in 2018 ) stipulates the implementation of land use planning as follows:
2.1 In case there is no annual land use plan of the district level
In case the land use planning has been announced but there is no annual land use plan of the district level, the land user may continue to use the land and exercise the rights of the land user in accordance with the provisions of law. the law.
2.2 In case there is an annual land use plan of the district level
In case there is an annual land use plan of the district level, the land users in the area must change the land use purpose and recover the land according to the plan to continue exercising the rights of the land users but not to build new houses, works, plant perennial trees ;
If a land user wishes to renovate or repair existing houses or works, he/she must obtain permission from a competent state agency in accordance with law.
2.3 Some notes
- The land area stated in the annual district-level land use plan has been announced that must be recovered for project implementation or the land use purpose must be changed, but after 3 years there has been no decision on land recovery or no decision on land recovery yet. If permission is granted to change the land use purpose, the state agency competent to approve the land use plan must:
+ Adjust or cancel the acquisition or change the purpose of the land area in the announced plan;
+ Announce the adjustment, cancellation of acquisition or change of purpose for the land area recorded in the land use plan.
- In case after 03 years , the state agency competent to approve the land use plan does not adjust or cancel or has adjusted or canceled but does not announce the adjustment or cancellation, the land user shall not restricted in rights such as not building new houses, buildings, planting perennial trees.
- Land users will not be granted land use right certificates if there is a notice or decision on land recovery from a competent state agency.
Thus, based on current regulations, the land in the planning may have some rights restricted, but there is no restriction on the right to transfer for the land in the planning. Therefore, land in the planning, land users can still buy and sell.
However, in order to buy and sell land not contrary to the provisions of law, a number of conditions must be met as follows:
- Having a certificate of land use right, except for the following cases:
+ With the conversion of agricultural land use rights, the land users are entitled to sell the land after the decision on land allocation or land lease is issued;
+ Upon receiving the land use right inheritance, the land user may exercise the right when obtaining the Certificate or meeting all conditions for issuance of the Certificate of land use right, ownership of houses and other land-attached assets.
+ An inheritor whose property is a land use right but is a foreigner or an overseas Vietnamese who is not eligible to buy a house attached to land use rights shall not be granted a Red Book but may transfer according to regulations.
- Undisputed land;
- The land use right is not distrained to secure judgment enforcement;
- During the land use period.
(According to Article 188 of the 2013 Land Law )
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