Whether the land under the planning can be transferred or not is a matter of concern to many people. So, LSX Lawfirm will give you an article about: “Transfer of land use rights when the land is in the planning in Vietnam”, as follows:
Legal grounds
– Land Law 2013
– Law amending and supplementing a number of articles of 37 Laws related to planning 2018
What is land use planning?
Clauses 2 and 3, Article 3 of the 2013 Land Law stipulates:
“2. Land use planning is the allocation and zoning of land according to space used for the purposes of socio-economic development; national defense; security, environmental protection; and climate change adaptation on the basis of land use planning. based on land potential; and land use demand of sectors; fields for each socio-economic region and administrative unit in a defined period of time.
3. Land use plan is the division of land use planning; over time to be implemented during the land use planning period.”
Conditions for transferring land use rights in Vietnam
Land users may exercise the right to transfer land use rights when meeting the following conditions:
(1) Having a Certificate, except for the following cases:
- All recipients of land use rights; who are foreigners; or overseas Vietnamese; who are not eligible to buy houses associated with residential land use rights in Vietnam will not be granted certificates; receive land use rights, ownership of houses and other properties attached to land but are transferred.
- With the conversion of agricultural land use rights; the land users may exercise their rights after a decision on land allocation or land lease is issued.
- Upon receiving the land use right inheritance; the land user may exercise the right; when obtaining the Certificate or meeting all conditions for issuance of the Certificate of land use right, ownership of houses; and other land-attached assets.
(2) The land is not disputed.
(3) The land use right is not distrained to secure judgment enforcement.
(4) During the land use period.
Transfer of land use rights when the land is in the planning in Vietnam
Clause 7, Clause 8, Article 49 of the 2013 Land Law (amended according to the Law amending and supplementing a number of articles of 37 Laws related to planning 2018) stipulates:
“In case the land use zoning 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 district’s annual 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 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. as prescribed in Clause 7 of this Article.
In addition
If there is no annual land use plan at the district level, the land user may continue to use and exercise the rights of the land user, including the right to transfer land use rights.
In case there is an annual district-level land use plan, the land user in the area subject to recovery may continue to exercise the rights of the land user (including the right to transfer the land use right) but not to build new houses, works, plant perennial trees; if there is a need to renovate or repair existing houses or works, they must obtain permission from competent state agencies.
If after 3 years there is no decision on land acquisition or permission to change the land use purpose, the land user will not be restricted in rights as above.
Thus, we can see that the land in the planning can still be transferred normally if all the conditions for the transfer of land use rights are met.
You can refer to the article related to Regulations on apartment ownership or In case the company’s head office address is located in an apartment building in Vietnam; Land use tax and taxable objects in Vietnam.
Related artice: Procedures for foreigners to buy apartments in Vietnam
Foreigners buy apartments of Vietnamese individuals
Related questions
The purpose is to make a place to live for people whose houses and land have been cleared. People choose one of the following two cases:
Receive compensation and move to another place
Moving into a resettlement area (a type of apartment building with basic services)
This is a type of apartment for people with low income. People who have been working for a long time but do not have enough money to buy a house have to rent a house to live in. In general, you will have to show low income to get into this type of housing.
Social housing is only granted a certificate of house ownership, lease and transfer after 5 years of receiving the house.
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