“Important Considerations for Land Transfer in 2025”

Per Section 1, Article 45 of the Land Law 2024, the following conditions must be met for individuals to exercise their land use rights, including transfer, inheritance, and mortgage:

1. Possession of relevant certificates, such as the Certificate of Land Use Rights, Certificate of Ownership of Houses and Land Use Rights, or consolidated versions thereof. Exceptions include inheritance of land use rights, land consolidation for agricultural land, and donation of land use rights to the state or community, as outlined in other articles of the law.

2. Absence of land disputes or their resolution by competent state agencies, court rulings, or arbitral awards that have come into legal effect.

3. Non-sequestration of land use rights or application of other measures to ensure the enforcement of civil judgments as per the Law on Enforcement of Civil Judgments.

4. Land use must be within the prescribed time limit.

5. Land use rights must not be subject to temporary emergency measures as stipulated by law.

Additionally, when investors transfer land use rights with technical infrastructure in real estate projects, they must also comply with the conditions stipulated in the Law on Real Estate Business and the Housing Law…

One of the critical conditions for transferring land use rights is that the land must be within the time limit for use. Consequently, agricultural land that has exceeded its time limit cannot be sold.

Prohibited Actions in the Field of Land

• Encroaching on, occupying, or destroying land.
• Violating regulations on state management of land.
• Violating land policies pertaining to ethnic minority groups.
• Abusing positions and powers to act contrary to land management regulations.
• Failing to provide land information or providing inaccurate information, or failing to meet deadlines as prescribed by law.
• Neglecting to address or handle violations of land laws.
• Failing to comply with regulations when exercising the rights of land users.
• Using land or conducting land-related transactions without registering with the competent authorities.
• Not fulfilling financial obligations to the state or failing to do so adequately.
• Obstructing or creating difficulties for land use or the exercise of land users’ rights as prescribed by law.
• Discriminating based on gender in land management and use.