According to new regulations in the 2024 Land Law, the transfer, donation, and lease of land use rights have many important adjustments. These are popular transactions in practice, especially in rural areas and suburban areas, where the need for land accumulation, expansion of production scale or transfer of land use rights is strong.
Article 45 of the 2024 Land Law stipulates: Land users are allowed to exercise the right to transfer, lease, donate, inherit, mortgage, and contribute capital using land use rights when they meet the conditions prescribed in this law and relevant laws. Specific conditions are clearly stated in the law and guiding documents for implementation.
First, the land plot must have a land use right certificate (red book), except in cases of exemption according to the provisions of law. This is a prerequisite for establishing property rights and conducting civil transactions related to land.
Second, land use rights are not disputed. There are complaints and denunciations about the boundary, origin or land use process that may make the transaction invalid or not be accepted by the notary and certification agency.
Third, land use rights are still valid. If the land is about to expire or has expired without an extension, the land user will not be eligible for transfer or lease. Checking the land use term is an important step in the transaction process.
In addition, land users need to fully fulfill financial obligations to the State, including land use tax, land rent (if any), and not violate regulations on agricultural land protection, especially the act of arbitrarily changing land use purposes without permission.
For households and individuals receiving transfers, it is necessary to pay attention to the limit for receiving agricultural land use rights by region. Accordingly, this limit is determined depending on the ecological zone and type of agricultural land, ensuring that it does not exceed the limit prescribed by the Government at each time.
A new point of the 2024 Land Law is to allow households and individuals using legally agricultural land to contribute capital using land use rights to cooperatives and enterprises to develop production. However, this capital contribution is only done when it does not change the land use purpose and does not change the land user. In case the capital contribution leads to changes in land use purpose or land user, it must be approved by a competent state agency.
In fact, many transactions related to agricultural land are invalid due to lack of legal knowledge, especially when done with handwritten documents, notarized. The 2024 Land Law continues to affirm the principle: The transfer, lease, sublease, donation, and capital contribution using land use rights must be made in documents in accordance with the provisions of the law on civil matters, notarized or certified, except in cases where the law on civil matters or relevant laws do not require notarization or certification.
In the context of agricultural land prices in many localities tending to increase sharply due to urbanization and infrastructure development, understanding the legal conditions for legal and safe transactions is an urgent requirement. People should proactively learn about the new regulations, or consult experts and lawyers before exercising their rights related to agricultural land.
