What are the cases in which households and individuals may transfer or donate land use rights under certain conditions?

What are the cases in which households and individuals may transfer or donate land use rights under certain conditions?
Lê Trương Quốc Đạt

What are the cases in which households and individuals may transfer or donate land use rights under certain conditions?- Thuy Kieu (Tien Giang)

What are the cases in which households and individuals may transfer or donate land use rights under certain conditions?

What are the cases in which households and individuals may transfer or donate land use rights under certain conditions? (Internet image) 

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

1. What are the cases in which households and individuals may transfer or donate land use rights under certain conditions? 

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

2. What are the cases in which acquisition or donation of land use rights is not allowed in Vietnam?

According to Article 191 of the Land Law 2013, the cases in which acquisition or donation of land use rights is not allowed are 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. Conditions for selling and buying assets attached to land which is leased by the State with annual rental payment in Vietnam

Conditions for selling and buying assets attached to land which is leased by the State with annual rental payment according to Article 189 of the Land Law 2013 are as follows:

- Economic organizations, households, individuals, overseas Vietnamese and foreign- invested enterprises may sell assets attached to leased land when fully meeting die following conditions:

+ The assets attached to leased land are legally established in accordance with law;

+ The construction has been completed in accordance with the detailed construction master plan and approved investment project.

- The buyer of assets attached to leased land must ensure the following conditions:

+ Having financial capacity to implement investment projects;

+ Having business lines relevant to investment projects;

+ Not violating the land law when being allocated or leased land from the State to implement the previous projects.

- The buyers of assets may continue leasing land from the State within the remaining land use term according to specific land price and for the purposes determined in the project documents.

- The case of leasing land to implement projects on construction and commercial operation of infrastructure is prescribed in Article 194 of the Land Law 2013.

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