1. In 2025, can individuals in other provinces transfer the right to use agricultural land?
Article 47 of the 2024 Land Law stipulates: Individuals using agricultural land allocated by the State, converted, transferred, inherited, or donated legal land use rights from others are only allowed to transfer agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from conversion of land use rights and registration fees.
2. Conditions for converting land use rights in 2025
In most cases, land users are allowed to exercise the right to transfer land use rights when meeting all 5 conditions specified in Clause 1, Article 45 of the 2024 Land Law, including:
(1) Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights 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, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
(2) Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect.
(3) Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement.
(4) Within the land use term.
(5) Land use rights are not subject to temporary emergency measures as prescribed by law.
Note: Normally, only the above 5 conditions are required, but in some cases, there must be additional conditions from the transferor or donor parties.
3. Does it require registration of land changes when converting land use rights?
According to Article 133 of the 2024 Land Law, for plots of land with a Certificate of Land Use Rights for which land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, or donate land use rights and assets attached to land, they must register changes.
Accordingly, in case of registration of changes due to the land user or owner of assets attached to land exercising the rights to convert, transfer, inherit, or donate land use rights or assets attached to land, within 30 days from the date of change, the land user must register the change with the competent authority.
In case of enforcement of a judgment, the time limit for registration of changes is calculated from the date of handover of assets for enforcement of judgments or assets for auction; in case of inheritance of land use rights, the time limit for registration of changes is calculated from the date of completion of division of land use rights as inherited assets according to the provisions of the law on civil matters or from the date the judgment or decision of the Court takes legal effect.
Thus, when converting land use rights, changes must be registered within 30 days from the effective date of the real estate sale and purchase contract.
