Land is an asset under common ownership, not by any individual. The State represents the entire people in managing land use issues. This is also an important natural ingredient. Humans live on land and need land for productive labor, especially agricultural production. Land needs to be properly planned and used. So, Can land under planning in Vietnam be bought and sold? If yes, what are the specific regulations on land purchase and sale in the planning? Let’s find out the answers to your questions with Lawyer X through the following article!
Legal grounds
Land Law 2013
What kind of land is the land in the planning plan?
Clauses 2 and 3, Article 3 of the 2013 Land Law stipulates as follows:
Land use planning is the allocation and zoning of land according to space for use for the purposes of socio-economic development, national defense, security, environmental protection and climate change adaptation on the basis of land use planning the basis of land potential and land use demand of sectors and fields for each socio-economic region and administrative unit in a specified period of time.
“Land use plan is the division of land use planning over time for implementation in the land use planning period.”
According to Article 48 of the 2013 Land Law, amended and supplemented in 2018, regulations on public announcement of land use master plans and plans are:
“2. All contents of district-level land use planning, after being approved by a competent state agency, must be publicly announced according to the following provisions:
a) The district-level People’s Committee is responsible for publicly announcing the district-level land use planning at its headquarters and on the web portal of the district-level People’s Committee; publicly announce the contents of district-level land use planning related to communes, wards and townships at the headquarters of the commune-level People’s Committees;
b) The public announcement shall be made within 15 days from the date of approval by a competent state agency;
c) The publicity shall be carried out during the period of land use planning.
- The entire contents of the land use plan, after being decided and approved by a competent state agency, must be publicly announced according to the following provisions:
a) The Ministry of Natural Resources and Environment is responsible for publicly announcing the national land use plan at its headquarters and on the portal of the Ministry of Natural Resources and Environment; Provincial-level People’s Committees shall have to publicly announce the provincial-level land use plans at their offices and on the web portal of the provincial-level People’s Committees; The district-level People’s Committee is responsible for publicly announcing the district-level land use plan at the agency’s headquarters, on the web portal of the district-level People’s Committee and publicly announcing the contents of the land use plan. district-level land related to communes, wards and townships at the headquarters of the commune-level People’s Committees;
b) The public announcement shall be made within 15 days from the date of decision and approval by a competent state agency;
c) The publicity is carried out throughout the land use plan period.”
Is it possible to issue a red book for the land in the planning project?
According to the provisions of Clause 6, Article 19 of Decree 43/2014/ND-CP, Clause 8, Article 49 of the Land Law, land users will not be granted a certificate of land use right if there is a notice or decision on land acquisition. land acquisition by competent state agencies. The time limit for issuing a notice or decision on land recovery is within 3 years from the date the district’s annual land use plan has been announced.
Thus, houses and land in the planning can still be bought and sold, but the following two cases will occur:
- Buying or selling before there is a notice or decision on land recovery, the land user will be granted a certificate;
- Buying and selling after receiving a notice or decision on land recovery, the land user will not be granted a certificate.
However, according to Clause 8, Article 49 of the Land Law: if, within 3 years, there is no decision on recovery or permission to change the land use purpose according to the annual land use plan of the district, an adjustment must be made. , cancel and announce cancellation of land acquisition / change of land use purpose in land use planning. In addition, the issue of red book for planned land hanging under Clause 6, Article 19 of Decree 43/2014/ND-CP:
In case a notice or decision on land recovery has been received, the land area included in such planning shall not be granted a certificate of land use rights and ownership of houses and other land-attached assets. Therefore, for land with suspended planning, a red book can only be made when the cancellation of land acquisition is announced. At that time, the new land user can apply for a certificate of land use rights and own assets attached to the land (red book). If the suspended project is not announced to be canceled or abandoned, the land user has a limited use right as prescribed in Clause 7, Article 49 of the 2013 Land Law.
Dossier to apply for a red book for land subject to planning
To carry out the procedures for applying for a red book for the planned land. If the case satisfies the conditions as prescribed by law, the application file for red book is prescribed as follows:
– Application for issuance of a certificate of land use right;
– One of the papers on land use rights specified in Article 100 of the Land Law 2013; Article 18 of Decree No. 43/2014/ND-CP;
– One of the papers specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP. For the case of registration of ownership of land-attached assets;
– Proof of fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land and land-attached assets (if any).
The order of execution
Step 1. Submit application
The land user submits the application directly at the district-level land use right registration office or the dossier-receiving agency and returns the results according to the regulations of the provincial-level People’s Committee.
Households and individuals shall submit dossiers to commune-level People’s Committees if they wish.
Step 2. Receiving and processing
State agencies competent to grant land use right certificates shall consider the validity of dossiers, confirm the current status, status of disputes, origin and time of land use, update land information, etc.
In case of receiving incomplete or invalid dossiers, within a maximum of 03 working days, the dossier-receiving and handling agencies must notify and guide the dossier-submitters to supplement and complete the dossiers according to the regulations. regulations.
The civil servant receiving the dossier is responsible for recording all information in the receiving book; Write and give the Receipt Form to the applicant
Step 3. Fulfill financial obligations
Land users fulfill their financial obligations as notified by tax authorities.
Step 4. Return the result
The land user is entitled to receive the Certificate after submitting the documents of fulfillment of financial obligations as prescribed. The time limit for carrying out the procedures for issuing certificates they receive is not more than 30 days.
This period is counted from the date of valid application submission, excluding weekends and holidays.
Conditions for buying and selling land use rights
According to Clause 1, Article 188 of the 2013 Land Law, organizations, households and individuals are entitled to transfer land use rights (land purchase and sale) when fully meeting the following conditions:
1 – Having a Red Book, except for the following 02 cases:
- An inheritor whose property is land use right but is a foreigner or an overseas Vietnamese who is not eligible to buy houses attached to land use rights shall not be granted a Red Book but shall have the right to sell.
– According to Clause 1, Article 168 of the Land Law 2013, the right to sell land when:
- In case of conversion of agricultural land use rights, land users are entitled to sell land after having land allocation or land lease decisions;
- In case of inheriting the land use right, the land user may exercise the right to sell when there are conditions to issue the Red Book (no book is required).
2 – The land use right is not distrained to secure judgment enforcement;
3 – Undisputed land;
4 – During the land use period.
Can the land in the planning be bought and sold?
Clause 7, 8 Article 49 of the 2013 Land Law (amended and supplemented by the Law amending and supplementing a number of articles of 37 Laws related to planning in 2018) (hereinafter referred to as the Land Law), regulating determined as follows:
- In case the land use master plan has been announced but there is no annual land use plan of the district level, the land user may continue to use the land and exercise the rights of the land user as prescribed. under the law
In case there is an annual land use plan of the district level, the land users in the area must change the land use purpose and recover the land according to the plan to continue exercising the rights of the land users but not to build new houses, works, plant perennial trees; if land users wish to renovate or repair existing houses or works, they must obtain permission from competent state agencies in accordance with law.
- The land area stated in the annual district-level land use plan has been announced that must be recovered for project implementation or the land use purpose must be changed but there is no decision on land recovery after 3 years or no is permitted to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of the acquisition or change of purpose for the land area. land area recorded in the land use plan.
In case the state agency competent to approve the land use plan does not adjust or cancel it, or has it adjusted or canceled but fails to announce the adjustment or cancellation, the land user is not restricted in his/her rights. according to the provisions of paragraph 7.
According to the above regulations, the house and land in the planning is restricted to a number of rights, however, the right to transfer is not limited to the house and land in the planning, even though there is an annual land use plan of the district or the district level. not yet.
Therefore, people whose houses and land are in the planning can still be transferred.
However, according to the provisions of Clause 6, Article 19 of Decree 43/2014/ND-CP, Clause 8 Article 49 of the Land Law, the land user will not be granted a certificate of land use right if there is a notice or land recovery decisions of competent state agencies. The time limit for issuing a notice or decision on land recovery is within 3 years from the date the district’s annual land use plan has been announced.
Thus, houses and land in the planning can still be bought and sold, but the following two cases will occur:
- Buying or selling before there is a notice or decision on land recovery, the land user will be granted a certificate;
- Buying and selling after receiving a notice or decision on land recovery, the land user will not be granted a certificate.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Can land under planning in Vietnam be bought and sold?”
Contact LSX
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Can land under planning in Vietnam be bought and sold?“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more:
Is it possible to transfer land without a land use right certificate?
Legal risks when buying land in Vietnam with someone else’s name
Regulations on future house purchase and sale contracts in Vietnam
Frequently asked questions
People can view the district’s annual land use plan to see if land is included in the plan through the following ways:
– View the land use plan at the headquarters of the commune-level People’s Committee where the land related to that land use plan is located.
– View the land use plan at the headquarters of the district-level People’s Committee where the land is located.
– View the land use plan through the portal of the People’s Committee of the district where the land is located.
Buying planned land can present many risks but in many cases it is also an opportunity. Therefore, the buyer’s job is to find out clearly about the planning for the land and the house that he intends to buy so that it can be best suited for the purpose of use or his financial ability. . Avoid not researching carefully, but suffer losses when buying and selling real estate and leading to unnecessary disputes.
Besides finding out whether the land is in the planning or not, when buying land, the buyer should also find out some other information about the land such as whether the land owner has a certificate of land use rights, the purpose of use stated on the land use right certificate, whether to build a house or structure, what is the origin of this land, or whether the land is in dispute, is being distrained to ensure These are all information that land buyers should understand clearly, because land is a valuable asset, so finding out clearly before buying will always help land buyers. you can avoid your own risk.
Conclusion: So the above is Can land under planning in Vietnam be bought and sold?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
