CASES WHEN LAND USE RIGHTS ARE NOT PERMITTED TO TRANSFER

Organizations and individuals have the right to transfer and receive land use rights complying with regulations. However, the subject and object of the transaction must satisfy the conditions of the law. In cases of failure to satisfy, land use rights are not permitted to transfer. What are these cases? Please follow the article below.

1. Land use rights are not permitted to transfer because the specified conditions are not met

a. General conditions for land users to exercise their rights to transfer land use rights:

– Having the certificate, except the case prescribed by law;

– The land is dispute-free;

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

– Within the land use term.

b. Conditions corresponding to each specific case.

– Conditions for cases in which households and individuals may transfer land use rights under certain conditions

– Conditions for receiving the transfer of agricultural land use rights to carry out investment projects on non-agricultural production and business.

– Conditions for transferring land use rights in implementation of investment projects on construction of and trading in houses; investment projects on construction of infrastructure for transfer of lease.

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2. Land use rights are not permitted to transfer because it is in the case of not receiving transfer of land use rights

– 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.

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