Conditions for conversion of agricultural land use rights
Pursuant to Clause 1, Article 45 and Article 47 of the 2024 Land Law, to convert agricultural land use rights, the following conditions must be met:
(1) General conditions
- Have 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, 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, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land has no dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement.
- During the land use period.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
(2) Special conditions: Individuals using agricultural land allocated by the State, by conversion, transfer, inheritance, or donation of legal land use rights from others may only transfer agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from the transfer of land use rights and registration fees.
Penalty for conversion of agricultural land use rights that do not meet the conditions
Pursuant to Clause 2, Article 5; Clause 1 and Clause 4, Article 17 of Decree 123/2024/ND-CP, for the act of converting agricultural land use rights that does not meet the above-mentioned conditions, the subject committing this violation may be subject to the following administrative penalties:
- A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of converting agricultural land use rights without satisfying one of the conditions specified in (1).
- A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of converting agricultural land use rights without satisfying the conditions prescribed in (2).
- A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of converting agricultural land use rights without satisfying the conditions prescribed in (1) and (2).
Note: The above fines only apply to individuals. In case the violator is an organization, the fine will be twice the fine for individuals.
In addition to being fined, violators must also take the following remedial measures:
(i) Requiring the transferee, lessee, or sub-lessee to return the land to the transferor, lessor, or sub-lessor, except in the cases specified in (iv) and (v).
(ii) Forced termination of mortgage contract using land use rights.
(iii) Forced to pay illegal profits obtained from committing the violation.
(iv) Compulsory land registration in cases eligible for issuance of Certificate of land use rights and ownership of assets attached to land according to regulations.
(v) Compulsory land registration in cases where the land cannot be returned because the transferor is an organization that has dissolved or gone bankrupt, an individual has died without an heir or has moved to another place and is confirmed by the People's Committee of the commune where the land is located that at the time of discovering the violation, the address cannot be determined and is not subject to land recovery by the State as prescribed in Articles 81 and 82 of the 2024 Land Law.
The transferee must take remedial measures to remedy the consequences caused by the transferor's violation before transferring the rights.
