According to Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm, based on Clause 1, Article 45 of the 2024 Land Law, the person transferring or donating land use rights must 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 and 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, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law;
- The land is not in dispute or has a dispute but has been resolved by a competent authority and has full judgments and decisions of the Court or 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.
Note: Normally, only the above 5 conditions are required, but in some other cases, there must be additional conditions from the transferor or donor parties.
Lawyer Tran Tuan Anh said that based on the above conditions, the following cases cannot be transferred to the red book:
First, the land does not have a red book, pink book or other legal documents as prescribed.
Second, the land in dispute/dispute has not been resolved by a competent state agency, the judgment, decision of the Court, the decision, and award of the Arbitration have not been valid.
Third, land use rights are being seized or other measures are being applied to ensure the enforcement of civil judgments.
Fourth, the land has expired.
Fifth, land use rights are subject to temporary emergency measures.
In addition to the above cases, in some cases, the Red Book cannot be transferred because the transferee is not eligible for transfer or donation of land use rights as prescribed in Clause 8, Article 45 of the 2024 Land Law, including:
- Economic organizations are not allowed to receive transfer of rights to use protective forest land or special-use forest land from individuals, except in cases where the purpose of land use is changed according to the planning and land use plan approved by competent authorities;
- Individuals who do not live in protected forests or special-use forests are not allowed to receive transfers or gifts of land use rights for residential land and other land in protected forests or in strictly protected sub-zones or ecological restoration sub-zones in those special-use forests;
- Organizations, individuals, communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
