In which cases is it not allowed to transfer land use rights?
Mr. Duong Quy Bac received the transfer of perennial land (rubber), area 4 ha, with stable income, of which 3 ha have red books and were transferred 10 years ago. Mr. Bac is a regular salary recipient. Mr. Bac asked, is the State recognizing his right to use the remaining 1 ha of land?
Regarding this issue, the General Department of Land Administration, Ministry of Natural Resources and Environment responded as follows:
Article 191 of the 2013 Land Law stipulates:
"Article 191. Cases where transfer or donation of land use rights is not allowed
1. Organizations, households, individuals, residential communities, religious establishments, Vietnamese people residing abroad, and foreign-invested enterprises are not allowed to receive transfers or donations of land use rights in cases where the law does not permit the transfer or donation of land use rights.
2. Economic organizations are not allowed to receive transfers of the right to use rice-growing land, protective forest land, or special-use forest land from households or individuals, except in cases where the land use purpose is changed according to the land use planning and plan approved by a competent state agency.
3. Households and individuals not directly involved in agricultural production are not allowed to receive transfers or gifts of land use rights for rice cultivation.
4. Households and individuals are not allowed to receive transfers or gifts of land use rights for residential land or agricultural land in protective forests, strictly protected zones, or ecological restoration zones in special-use forests if they do not live in such protective forests or special-use forests."
Based on the above regulations, Mr. Bac is requested to study and implement according to the provisions of law.
