Based on Clause 1, Article 45 of the 2024 Land Law, the basic conditions to be met when carrying out the act of selling land (transferring land use rights) to others include:
- Having a Certificate of land use rights or a Certificate of ownership of houses and land use rights or a Certificate of land use rights, ownership of houses and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating, 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 without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or rulings of Arbitration that have taken legal effect;
- Land use rights not being distrained, applying other measures to ensure judgment enforcement in accordance with the law on civil judgment enforcement;
- During the land use term;
- Land use rights are not subject to temporary emergency measures according to the provisions of law.
Thus, the land still in dispute is land that does not meet the conditions for carrying out land acquisition and sale acts according to the provisions of law.
Regulations at point c, clause 3, Article 17 of Decree 123/2024/ND-CP on penalties for the act of selling disputed land:
Article 17. Transfer, lease, sublease, mortgage with land use rights without meeting the conditions according to regulations.
3. Acts of transferring, leasing, subleasing, inheriting, or donating land use rights; mortgaging, contributing capital with land use rights that do not meet one of the conditions specified in Clause 1, Article 45 of the Land Law, the form and level of penalties are as follows:
a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for inheritance or donation of land use rights;
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of leasing or subleasing or mortgaging land use rights;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of transferring or contributing capital with land use rights.
Thus, the sale of land that is still in dispute will be fined from 30,000,000 VND to 50,000,000 VND.
