1. Conditions for exercising the right to transfer
According to Clause 1, Article 45 of the 2024 Land Law, land users are only allowed to transfer or donate land use rights when the following conditions are met:
- Land is not disputed.
- Have a Certificate, except in 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 this Law.
- Land use rights are not subject to seizure to ensure enforcement of judgment.
- Land use term is still valid.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
Thus, people can only transfer their land to others when they meet the above 5 conditions. If the above conditions are not met and the parties still arbitrarily transfer, they will be prosecuted if discovered and within the statute of limitations.
In other words, if the transferee does not meet the conditions but pays the transferor and the transferor transfers its land to the transferee, it will be subject to administrative sanctions.
2. Fine up to 50 million VND if not qualified
Pursuant to Clause 3, Article 17 of Decree 123/2024/ND-CP, in case of transferring or donating land use rights without meeting the conditions, the fine shall be as follows: Acts of transferring, leasing, sub-leasing, inheriting, donating land use rights; mortgaging, contributing capital with land use rights without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law shall be subject to the following forms and levels of fines:
a) A fine of VND 3,000,000 to VND 5,000,000 for the act of inheriting or donating land use rights.
b) A fine of VND 20,000,000 to VND 30,000,000 for the act of leasing, subleasing or mortgaging land use rights.
c) A fine of VND 30,000,000 to VND 50,000,000 for the act of transferring or contributing capital using land use rights.
Thus, in case of transferring or donating land use rights without meeting the conditions, a fine of VND 30,000,000 to VND 50,000,000 may be imposed. The fine for an organization is twice the fine for an individual committing the same administrative violation.
