CONDITIONS FOR LAND USE RIGHTS TRANSFER FROM AUGUST 1, 2024

Land use rights transfer is an important and complex process, requiring strict compliance with legal regulations. To ensure rights and avoid unnecessary disputes, land users should clearly understand the necessary conditions when exercising transfer rights. Then, what specific conditions need to be followed from August 1, 2024 for land use rights transfer to be performed legally and smoothly?

Land use rights transfer can only be carried out when all the legal conditions are satisfied

a. General conditions

According to current law, land users can transfer land use rights when fully meeting the following conditions:

– Having a Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights land use, ownership of assets attached to land.

Except for the case of economic organizations with foreign investment capital receiving transfer of real estate projects according to the provisions of law on real estate business; Some cases encourage agreements on receiving land use rights to implement socio-economic development projects;

– The land is not being in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration with legal effect.

Compared with the previous regulations, the laws have expanded the legal corridor, allowing disputed land to be included in transfer transactions, however, conditions on dispute resolution progress must be met.

– Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;

– Within the land use term;

– Land use rights are not subject to temporary emergency measures according to the provisions of laws.

b. Conditions for transfer of land use rights with technical infrastructure in a real estate project

In case the investor transfers land use rights with technical infrastructure in a real estate project, other conditions must also be met according to the provisions of the Law on Real Estate Business and the Law on Housing.

c. Conditions for special cases

When land users exercise land use rights transfer, they must also meet the corresponding conditions for specific cases:

– To buy and sell assets attached to land, lease rights in land lease contracts leased by the State with annual land rent;

– Exercise the land use rights of individuals who are ethnic minorities and are allocated or leased land according to regulations.

Note on financial obligations when exercising land use rights transfer

In case the land user is allowed to delay the performance of financial obligations or is credited with financial obligations, the financial obligations must be fulfilled before exercising land use rights transfer.t.

>> NOTED IN THE CONTENT OF CERTIFICATE OF DEPOSIT? https://linconlaw.vn/noted-in-the-content-of-certificate-of-deposit/

>> ENTERPRISES USING LAND HAVE MANY NEW RIGHTS FROM 2025 https://linconlaw.vn/enterprises-using-land-have-many-new-rights-from-2025/