Cases in which acquisition or donation of land use rights is not allowed in Vietnam

Cases in which acquisition or donation of land use rights is not allowed in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for the exercise of the rights to transfer land use rights in Vietnam

According to Article 188 of the Land Law 2013, the conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital as follows:

- 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 when meeting the following conditions:

+ Having the certificate, except the case prescribed in Clause 3, Article 186 of the Land Law 2013 and the case of receiving inheritance prescribed in Clause 1, Article 168 of the Land Law 2013;

+ The land is dispute-free;

+ The land use rights are not distrained to secure judgment enforcement;

+ Within the land use term.

- In addition to the conditions specified in Clause 1 of Article 188 of the Land Law 2013, 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 the Land Law 2013.

- The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

2. Cases in which acquisition or donation of land use rights is not allowed in Vietnam

Cases in which acquisition or donation of land use rights is not allowed according to Article 191 of the Land Law 2013 as follows:

- Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.

- Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.

- Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

- Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.

3. Cases in which households and individuals may transfer or donate land use rights under certain conditions in Vietnam

Cases in which households and individuals may transfer or donate land use rights under certain conditions in Vietnam under Article 192 of the Land Law 2013 as follows:

- Households and individuals living in the strictly protected zones or ecological rehabilitation zones in special-use forests and are not able to move out of these areas may only transfer or donate the rights to use residential land or forest land in combination with agricultural, forestry and aquaculture production purposes to households and individuals living in these areas.

- Households and individuals that are allocated residential land or agricultural land in protection forests by the State may only transfer or donate the rights to use residential or agricultural land to households and individuals living in these areas.

- Households and individuals of ethnic minorities using allocated land under the support policies of the State may transfer or donate land use rights after 10 years from the date of issuance of the decisions on land allocation in accordance with the Government’s regulations.

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