The new point of the 2024 Land Law compared to the 2013 Land Law is that people who are not directly involved in agricultural production are still allowed to receive transfers of rice-growing land. Accordingly, Article 45 of the 2024 Land Law stipulates that the rights of land users no longer stipulate that individuals who are not directly involved in agricultural production are not allowed to receive transfers or gifts of rice-growing land.
Reader Hoang Minh Quan (Thai Binh) asked: The 2013 Land Law stipulates that people who are not directly involved in agricultural production are not allowed to receive transfers of rice-growing land. So when the 2024 Land Law comes into effect, will people who are not directly involved in agricultural production be allowed to receive transfers of rice-growing land?
New in the 2024 Land Law, people who are not directly involved in agricultural production are still allowed to receive transfers of rice-growing land. Specifically, Clause 8, Article 45 of the 2024 Land Law stipulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights; receive transfers, receive donations of land use rights. Accordingly, cases where land use rights cannot be transferred or donated are prescribed as follows:
- Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where land use purposes are changed according to land use planning and plans approved by competent authorities;
- Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, strictly protected zones, or ecological restoration zones in those special-use forests;
- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
Comparing the above provisions in Clause 8, Article 45 of the 2024 Land Law, it no longer stipulates that individuals who do not directly produce agriculture are not allowed to receive transfers or gifts of the right to use rice-growing land.
*Reader Nguyen Thi Minh (Thai Nguyen) asked: As far as I know, from January 1, 2025, the 2024 Land Law takes effect, people who are not directly involved in agricultural production are allowed to receive transfers and donations of rice-growing land. So what are the conditions for exercising the right to transfer and donate land use rights according to the 2024 Land Law?
Regarding this question, Lawyer Ha Thi Khuyen said: Clause 1, Article 45 of the 2024 Land Law stipulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive donations of land use rights. Accordingly, land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting all 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, 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 b, Clause 4, Article 127 of the Land Law.
- Land has no dispute or the dispute has been resolved by a competent state agency by a court judgment, decision or arbitration award that has come into legal effect.
Comparing the provisions of the 2014 Land Law, it can be seen that land users who are allowed to transfer or donate land use rights must satisfy 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, 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 b, Clause 4, Article 127 of the 2024 Land Law.
- Land is not in dispute or the dispute has been resolved by a competent state agency by a court judgment, decision or arbitration 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.
Conditions for converting agricultural land use rights according to the 2024 Land Law:
Pursuant to Article 47 of the 2024 Land Law, the conditions for converting agricultural land use rights are stipulated. Accordingly, individuals using agricultural land allocated by the State, by conversion, by transfer, by inheritance, or by being legally gifted land use rights from others are only allowed to convert agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from the conversion of land use rights and registration fees. The conditions for converting agricultural land use rights are that individuals using agricultural land allocated by the State, by conversion, by transfer, by inheritance, or by being legally gifted land use rights from others are only allowed to convert agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from the conversion of land use rights and registration fees.
According to the Communist Party of Vietnam Electronic Newspaper
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