Transfer of land use rights is one of the important and popular transactions in the real estate sector. To perform this transaction of receiving land use rights transfer legally and safely, individuals need to meet certain conditions complying with the laws.
Individuals receiving land use rights transfer within the prescribed scope
Subjects are individuals receiving land use rights transfer within the following scope:
– Individuals receiving land use rights transfer;
– People of Vietnamese origin residing abroad are allowed to enter Vietnam receiving land use rights transfer in industrial parks, industrial clusters, and high-tech zones.
Transferred land use rights must meet legal 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.
Individuals who receive agricultural land transfers exceeding the limit may have to establish an economic organization
Specifically, individuals who do not directly engage in agricultural production and receive transfer or donation of rice land use rights exceeding the prescribed limit must establish an economic organization.
Accordingly, requirements on rice land use plans are also set, which include the following main contents:
– Location, area, land use purpose;
– Agricultural production and business plans;
– Investment capital;
– Term of land use;
– Land use progress.
The above land use plan must be approved by the district People’s Committee
Land use rights transfer contracts must be notarized according to regulations
Notarization and authentication of contracts and documents exercising the right to transfer land use rights are performed as follows:
– Contracts for transfer of land use rights, land use rights and assets attached to land must be notarized or authenticated, except for the following cases;
– Contract for transfer of land use rights and assets attached to land, assets attached to land in which one party or parties participating in the transaction is a real estate business organization is notarized or authenticated under requirement of the parties.
Individuals are not allowed receiving land use rights transfer in some cases
In order to ensure national defense and environmental security issues, the law excludes cases of individuals receiving land use rights transferred as follows:
– Individuals who do not live in protective forest areas or special-use forests are not allowed to receive transfer of residential and other land use rights in protective forest areas, in strict protection zones, or status rehabilitation zones belonging to that special-use forest;
– Individuals, communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad who are not allowed by law to receive transfer of land use rights.
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Legal basis:
- Land Law 2024;
- Law amending the Land Law, Housing Law, Real Estate Business Law and Credit Institutions Law 2024.
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