Cases not eligible for land transfer or donation
Pursuant to Article 45 of the 2024 Land Law and Article 5 of Decree 151/2025/ND-CP (effective from July 1, 2025), the following cases are not allowed to receive transfers or gifts of land use rights:
- 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 the planning and land use plan approved by competent authorities.
- Individuals who do not live in protected forests or special-use forests are not allowed to receive transfers or gifts of land use rights for residential land and other land in protected forests or in strictly protected sub-zones or ecological restoration sub-zones in those special-use forests.
- 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.
Notes on land transfer, donation, and inheritance
(1) In case the investor transfers land use rights with technical infrastructure in a real estate project, in addition to the above conditions, other conditions must be met according to the provisions of the Law on Real Estate Business and the Law on Housing.
(2) When exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights, in addition to the above conditions, the following conditions must be met:
- In the case of buying and selling assets attached to land and lease rights in land lease contracts leased by the State for annual land rent collection, the conditions specified in Article 46 of the 2024 Land Law must be met.
- In case of converting agricultural land use rights, the conditions specified in Article 47 of the 2024 Land Law must be met.
- In the case of exercising the land use rights of individuals who are ethnic minorities who are allocated land or leased land according to the provisions of Clause 3, Article 16 of the 2024 Land Law, the conditions specified in Article 48 of the 2024 Land Law must be met.
(3) In case of inheritance of land use rights, the inheritor shall exercise the right when 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, ownership rights of assets attached to land or meeting the conditions for granting a Certificate of land use rights and ownership rights of assets attached to land according to the provisions of this Law.
(4) In case the land user is slow to fulfill financial obligations or is allowed to owe financial obligations, he/she must fulfill financial obligations before exercising the rights to convert, transfer, lease, sublease, donate land use rights, mortgage, and contribute capital using land use rights.
(5) Economic organizations that are allowed to receive agricultural land use rights transfers must have an agricultural land use plan approved by the Chairman of the People's Committee at the commune level. The agricultural land use plan must have the following main contents:
- Location, area, purpose of land use.
- Agricultural production and business plan.
- Investment capital.
- Land use term.
- Land use progress.
(6) Individuals who do not directly produce agriculture and receive transfers or gifts of rice-growing land use rights exceeding the limit prescribed in Article 176 of the 2024 Land Law must establish an economic organization and have a rice-growing land use plan including the contents specified in (5) and approved by the Chairman of the People's Committee at the commune level, except in cases where the recipient is an heir.
