Assigning or gifting land use rights are activities that must meet legal requirements. If citizens arbitrarily transfer the Red Book’s title without fulfilling these conditions, they may face heavy penalties.
Article table of contents
Transferring the Title of Red Book without Sufficient Conditions will be Fined (Illustrative Image)
Firstly, regarding the conditions for transferring land use rights:
According to Clause 1, Article 188 of the Land Law 2013, a land user may only transfer or donate land use rights if the following conditions are met:
- Having a Land Use Rights Certificate- The land is not under dispute- The land use rights are not being distrained to secure judgment enforcement- Within the land use period
Therefore, citizens can only transfer their land to others if all four conditions above are met. If any of the conditions are not met and the parties still carry out the transfer, they will be subject to administrative penalties depending on the severity.
Secondly, the level of penalties for self-authorizing the transfer of the Red Book title without sufficient conditions:
Based on Clause 3, Article 18 of Decree 91/2019/ND-CP, the penalties for transferring, donating, leasing, subleasing, or contributing capital with land use rights without sufficient conditions are as follows:
- A fine ranging from VND 3,000,000 to VND 5,000,000 for rural areas, and from VND 5,000,000 to VND 10,000,000 for urban areas in cases of not meeting any one of the conditions stipulated in Clause 1, Article 188 of the Land Law.- A fine ranging from VND 5,000,000 to VND 10,000,000 for rural areas, and from VND 10,000,000 to VND 20,000,000 for urban areas in cases of not meeting any two or more conditions stipulated in Clause 1, Article 188 of the Land Law.
If the violation is by an organization, the fine will be double the amount applicable to individuals or households (not exceeding VND 40,000,000).
Additionally, besides monetary fines, the parties will also be subject to remedial measures as stipulated in Clause 4, Article 18 of Decree 91/2019/ND-CP, as follows:
- The transferee is compelled to return the land to the original user before the transfer.- The transferor is compelled to hand over any illicit profits gained from the unauthorized land transfer, as determined by the competent authorities.- The transaction amount for the land transfer must be refunded.- The state will repossess the land in cases where the land use period has expired without an extension.
Thus, the highest fine for unauthorized transfer of the Red Book title can reach up to VND 40,000,000. Therefore, when transferring or donating land use rights, citizens need to take note of the lawful conditions.
Legal Basis
Ngoc Tai
