1. Check the content of the transfer contract
Case 1: If there is a commitment that the land is not in the planning or in dispute, the transferee has the right to request the transferor to return the money; if the transferor does not comply, it has the right to file a lawsuit to comply with the contract.
Case 2: If there is no commitment that the land is not in the planning area, the transferee must accept the content agreed upon by the parties, except in cases where it is proven that there was fraud.
In addition, in case of land dispute, the transferee has the right to request the transferor to return the money because the user of the disputed land does not have the right to transfer his land use rights to another person (according to Clause 1, Article 45 of the 2024 Land Law).
2. Benefits of having land in planning
a. Proposed to be granted a temporary construction permit
Pursuant to Clause 33, Article 1 of the 2020 amended Law on Construction, after 3 years from the date of announcement of the annual land use plan but there is no decision to revoke (commonly known as suspended planning), the land user has the right to request a temporary construction permit.
b. Can be transferred or gifted
- Case 1: According to Clause 1, Article 6 of the Law amending and supplementing a number of Articles of 37 Laws related to planning 2018, if the planning is announced but there is no annual land use plan at the district level, the land user can still transfer, donate, mortgage, etc. if qualified.
- Case 2: According to Clause 1, Article 6 of the Law amending and supplementing a number of Articles of 37 Laws related to planning 2018, when there is an annual land use plan at the district level, land users in the area must change the land use purpose and recover land according to the plan and continue to exercise the rights of land users but are not allowed to build new houses, works, or plant perennial trees (limited rights).
If land users need to renovate or repair existing houses or buildings, they must obtain permission from competent state agencies.
In case the competent state agency approves the land use plan without adjusting or canceling it, or adjusting or canceling it but not announcing the adjustment or cancellation, the land user is not restricted in his/her rights (to build new houses, works, or plant perennial trees).
c. Compensation for land and assets attached to land
Pursuant to Article 95 of the 2024 Land Law, when land is subject to planning and must be recovered, compensation for land will be provided if the following conditions are met:
- 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.
- There is a decision on land allocation or land lease or decision on permission to change land use purpose from a competent state agency.
- Have one of the documents on land use rights as a basis for granting a Certificate of land use rights and ownership of assets attached to land according to the provisions of Article 137 of this Law.
- Receive transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed land registration procedures.
- Use land according to the agreement in the mortgage contract to settle debt; document recognizing the results of the auction of land use rights in which the auction winner has fulfilled financial obligations according to the provisions of law.
