Cases where land use rights cannot be transferred or donated

Lawyer Hoang Tung (Hanoi Bar Association) answers: According to the provisions of the 2024 Land Law, to carry out transactions on land use rights such as: Transfer, donation, inheritance or lease, the land plot must fully meet the conditions according to legal regulations. If these conditions are not met, the transfer of the red book will not be carried out.

5 cases of not being allowed to transfer land use right certificates include:

Land is in dispute and has not been resolved definitively or has been resolved but there is no judgment, decision of the court or ruling of a competent authority with legal effect.

Land is being distrained or is being subject to measures to ensure judgment enforcement according to regulations.

Land that has expired but has not been extended or has not been permitted to continue using by competent authorities.

The land is being subject to temporary emergency measures according to the provisions of law.

Land belonging to protection forests, special-use forests or located in strictly protected sub-zones, ecological restoration sub-zones of special-use forests, except for cases permitted according to the approved land use plan or plan.

In addition to the conditions for land plots, the 2024 Land Law also stipulates that some subjects are not allowed to receive transfer or donation of land use rights.

Accordingly, economic organizations are not allowed to receive the transfer of protection forest land and special-use forest land if they are not in cases permitted by law. Individuals who do not live in protection forest and special-use forest areas are also not allowed to receive transfer or donation of land in these areas.

In addition, organizations, individuals, residential communities, religious organizations, overseas Vietnamese or foreign-invested enterprises, if not subject to legal permission, are also not allowed to receive transfer or donation of land use rights.

Thus, in addition to the transferee being eligible to exercise rights to land, the transferee or gift recipient must also be subject to legal permission to complete the procedure for transferring the red book.

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