1. Cases not eligible for transfer
Pursuant to Clause 8, Article 45 of the 2024 Land Law, it is not allowed to receive a transfer of land use rights in the following cases:
a) Economic organizations are not allowed to receive transfer of rights to use protective forest land or special-use forest land from individuals, except in cases where the purpose of land use is changed according to a land use plan or plan approved by a competent authority;
b) Individuals not living in protected forests or special-use forests shall not be allowed to receive transfers or gifts of land use rights for residential land or other land in protected forests or in strictly protected sub-zones or ecological restoration sub-zones in those special-use forests;
c) Organizations, individuals, 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.
2. Conditions for transferring houses and land
* Conditions for transferring land use rights
Clause 1, Article 45 of the 2024 Land Law stipulates that land users are only allowed to transfer land use rights when they meet the following conditions:
- Land is not in dispute.
- Having a Certificate, 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 this Law.
- Land use rights are not subject to seizure to ensure enforcement of judgments.
- Land use term is still valid.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
* Conditions for buying and selling houses
Pursuant to Clause 1, Article 160 of the 2023 Housing Law, houses are allowed to be bought and sold when the following conditions are met:
a) Having a Certificate as prescribed by law, except for the case specified in Clause 2 of this Article.
b) Not subject to disputes, complaints, or lawsuits regarding ownership rights as prescribed by law on dispute resolution, complaints, and denunciations.
c) Within the housing ownership period in the case of limited-term housing ownership.
d) Not subject to seizure to enforce a judgment or to enforce an administrative decision that has come into legal effect by a competent state agency or not subject to temporary emergency measures or preventive measures according to a decision of a Court or a competent state agency.
d) Not subject to a decision to reclaim land or a notice of clearance or demolition of housing by a competent authority.
e) The conditions specified in Point b and Point c of this Clause do not apply to the purchase and sale or hire-purchase of future housing.
3. View planning and mortgage information
To know if a house or house is under planning, mortgaged or in dispute, there are some ways to check as follows:
- View land use planning directly at the headquarters of the People's Committees at the district and commune levels.
- See on the electronic information portal of the district-level People's Committee to know if the land is under planning or not?
- Ask the opinion of commune-level land officials or people in the area where the land plot is located for more information.
- ask for information at the Land Registration Office (this is the most certain way).
4. Regulations on notarization and certification
According to Point a, Clause 3, Article 27 of the 2024 Land Law, when a household or individual transfers real estate together, it must establish and notarize or certify the contract otherwise, the conditions for registration will not be met.
Notary location: Notary office or notary office with head office within the province or city where the real estate is located.
places of certification: People's Committees of communes, wards and towns where real estate is located.
5. Must be transferred within 30 days
Pursuant to Clause 3, Article 133 of the 2024 Land Law, when transferring real estate, the transferor must register for a transfer within 30 days from the effective date of the transfer contract.
Place of submitting the application for transfer: Household or individual submits the application at the One-stop Department in a district, town or city under the province to transfer to the Land Registration Office.
