What conditions must be met to transfer land use rights?
What conditions must be met to transfer land use rights under the latest Land Law?. A matter of concern for Ms. Le Thi Hoa (Nghi Loc, Nghe An).
Reply:Land transactions are high-value transactions that pose many risks if not carried out in accordance with the law. To transfer land use rights, the conditions in Article 45 of the 2024 Land Law must be met, specifically:
1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights when meeting all of the following conditions:
- Have a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land.
Except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127, Land Law 2024.
- Land has no dispute or the dispute has been resolved by a competent State agency, a court judgment or decision, an arbitration decision or award that has come into legal effect;
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement;
- During the land use period;
- Land use rights are not subject to temporary emergency measures as prescribed by law.
2. In case the investor transfers the right to use land with technical infrastructure in a real estate project, in addition to the above conditions, it must also satisfy other conditions as prescribed by the Law on Real Estate Business and the Law on Housing.
3. When exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights, in addition to the conditions specified above, land users must also satisfy the conditions in the following cases:
- In the case of buying and selling assets attached to land, the lease rights in the land lease contract are leased by the State and annual land rent is collected, the conditions specified in Article 46, Land Law 202 must be met;
- In case of conversion of agricultural land use rights, the conditions specified in Article 47 of the 2024 Land Law must be met;
- In the case of exercising land use rights of individuals who are ethnic minorities and are allocated or leased land according to the provisions of Clause 3, Article 16 of the 2024 Land Law, the conditions specified in Article 48 of the 2024 Land Law must be met.
