Can individuals exchange residential land with others?
Pursuant to Article 37 of the 2024 Land Law, the rights and obligations of individuals using land are stipulated as follows:
Article 37. Rights and obligations of individuals using land
1. Individuals using agricultural land allocated by the State within the limit; land allocated by the State with land use fees collected, land leased with one-time land rental fees collected for the entire lease term, recognized by the State for land use rights; land received for conversion, transfer, donation, inheritance has the following rights and obligations:
a) General rights and obligations as prescribed in Articles 26 and 31 of this Law;
b) Transfer of agricultural land use rights to other individuals;
c) Transfer of land use rights and assets under its ownership attached to land in accordance with the provisions of law;
d) Lease land use rights and assets owned by other organizations or individuals or people of Vietnamese origin residing abroad investing in Vietnam attached to the land;
d) Individuals using land have the right to inherit land use rights and assets under their ownership attached to their land according to a will or by law.
In case the heir is a person of Vietnamese origin residing abroad and is subject to the provisions of Clause 1, Article 44 of this Law, he/she shall inherit land use rights; if not subject to the provisions of Clause 1, Article 44 of this Law, he/she shall enjoy the value of that inheritance.
In addition, Article 47 of the 2024 Land Law stipulates the conditions for converting agricultural land use rights as follows:
Article 47. Conditions for converting agricultural land use rights
Individuals using agricultural land allocated by the State, converted, transferred, inherited, or donated legal land use rights from others are only allowed to transfer agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from the conversion of land use rights and registration fees.
Thus, individuals are not allowed to convert residential land. Individuals are only allowed to convert agricultural land in the same provincial-level administrative unit to another individual.
Conditions for converting land use blocks
Pursuant to Article 45 of the 2024 Land Law, the conditions for implementing the conversion of land use rights are as follows:
(1) Land users are allowed to exercise the right to convert land use rights when they meet the following conditions:
- 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, except in cases of excess conversion of agricultural land when consolidating land plots or exchanging plots;
- Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect;
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement;
- Within the land use term;
- Land use rights are not subject to temporary emergency measures as prescribed by law.
(2) When exercising the right to convert land use rights, in addition to the conditions specified in Section 1), land users must also meet the following conditions:
- In case of converting agricultural land use rights, the conditions specified in Article 47 of the 2024 Land Law must be met;
(3) In case the land user is allowed to delay the performance of financial obligations or is allowed to owe financial obligations, he/she must fulfill financial obligations before exercising the rights to convert land use rights.
