Land transfer restrictions for Vietnamese origin

Land transfer restrictions for Vietnamese origin define the specific categories of land that individuals of Vietnamese descent residing abroad are not permitted to acquire by transfer under the Land Law. This analysis details the restricted land types, cases where acquisition is prohibited, and the relevant legal framework.

Agricultural Land

Agricultural land is the primary category that individuals of Vietnamese origin residing abroad are not permitted to acquire by transfer. This restriction on land transfer rights aims to protect the nation’s agricultural land resources.

Specifically, Article 9.2 of the Land Law 2024 classifies agricultural land to include:

• Land for annual crops, including paddy land and land for other annual crops.
• Land for perennial crops, also a specially protected category of agricultural land.
• Forestry land, including special-use forests, protection forests, and production forests.
• Land for aquaculture, concentrated animal husbandry, salt production, and other agricultural purposes.

However, an exception exists. According to Article 180.1 of the Land Law 2024, if an individual of Vietnamese origin abroad needs to use agricultural land for production in agriculture, forestry, aquaculture, or salt making, the State may consider leasing the land for them to implement these investment projects.

In summary, individuals of Vietnamese origin residing abroad cannot receive the transfer of agricultural land use rights, except when leased by the State to execute an investment project consistent with land use planning. These land transfer restrictions for Vietnamese origin are fundamental to national resource management.

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Non-Agricultural Land Outside Permitted Projects

Non-agricultural land not located within permitted projects is the second category subject to land transfer restrictions for Vietnamese origin. According to Article 9.3 of the Land Law 2024, the non-agricultural land group is diverse and includes:

• Residential land.
• Land for the construction of government offices.
• Land for national defense and security purposes.
• Land for the construction of public service facilities.
• Land for public use.
• Land for religious and belief purposes.
• Land for cemeteries and funeral homes.
• Land with specialized water surfaces.
• Other non-agricultural land.

Individuals of Vietnamese origin are not freely permitted to acquire all the above land types by transfer. Transfer is only allowed in specific cases.

• Under Article 28.1 of the Land Law 2024, individuals of Vietnamese origin residing abroad are permitted to receive the transfer of land use rights within industrial parks, industrial clusters, and high-tech zones. They can also purchase or lease-purchase housing attached to residential land use rights and receive residential land use rights within housing development projects.
• They may receive the transfer of residential land use rights if they are eligible to own a house in Vietnam, according to Article 44.2(b) of the Land Law 2024.
• They may receive the transfer of residential land use rights through inheritance, even if not eligible to own a house in Vietnam, as per the transfer contract specified in Article 44.3(a) of the Land Law 2024.

Thus, individuals of Vietnamese origin may only acquire certain types of non-agricultural land in legally permitted situations, primarily land within housing development projects or industrial zones.

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Land in Restricted National Security and Defense Areas

Land in restricted areas designated for national security and defense is subject to stringent management regulations to protect the nation and maintain security. Consequently, transactions involving land use rights in these areas are limited for certain parties, especially individuals of Vietnamese origin residing abroad.

Pursuant to Article 200 of the Land Law 2024, national defense and security land includes:

• Land for military garrisons, headquarters, and military bases.
• Land for national defense structures, battlefields, and special defense and security works.
• Land for military and security-related stations, ports, information systems, and facilities directly serving defense and security.
• Restricted-access land areas, as defined by Article 10.1 of Decree 102/2024/ND-CP (issued July 30, 2024), include border communes, wards, and townships; coastal communes, wards, and townships; islands; and other areas affecting national defense and security.

Note: According to Article 10.1 of Decree 102/2024/ND-CP, if an individual of Vietnamese origin residing abroad wishes to acquire land use rights in a restricted-access area, they must obtain formal opinions from the Ministry of Defense and the Ministry of Public Security. The individual must also submit a written request to the provincial-level People’s Committee where the land is located to receive permission for the transfer. These land transfer restrictions for Vietnamese origin are critical for national security.

Legal Risks of Non-Compliant Land Transfers

Under the Land Law 2024 and Decree 102/2024/ND-CP, failure to comply with the correct procedures and obtain approval from competent authorities can render a land transfer transaction unlawful. This leads to a series of legal risks.

• Void Land Transfer Contract: According to Article 123 of the Civil Code 2015, a civil transaction is void if it violates a legal prohibition. Therefore, an individual of Vietnamese origin acquiring land in a restricted area without the approval of the Ministry of Defense and Ministry of Public Security constitutes a violation, and the contract may be declared void by a court.
• Land Confiscation Without Compensation: Pursuant to Article 81.4 and Article 100.3 of the Land Law 2024, land users who violate regulations on land use conditions may have their land confiscated without compensation. An illegal land transfer in a security or defense zone is such a violation and can result in confiscation.
• Administrative Difficulties: Non-compliance creates challenges in related administrative procedures, such as obtaining construction permits, changing the land use purpose, or executing inheritance or lease transactions.
• Administrative Penalties: According to Article 45.8(c) of the Land Law 2024, individuals and entities, including individuals of Vietnamese origin residing abroad, who are not permitted by law to receive land transfers or gifts will be penalized. Specifically, under Article 20.1(a) of Decree 123/2024/ND-CP (issued October 4, 2024), an individual of Vietnamese origin who violates Article 45.8 of the Land Law 2024 faces a fine from 20,000,000 VND to 50,000,000 VND. They will also be ordered to return the land to the transferor under Article 20.5 of this decree.
• Criminal Liability: In cases where an individual of Vietnamese origin who is not eligible for transfer deliberately forges a certificate, they may face criminal prosecution for the crime of document forgery under Article 341 of the Criminal Code 2015 (as amended in 2017).

Understanding these land transfer restrictions for Vietnamese origin is essential to avoid severe consequences. To protect legal rights and prevent disputes, individuals should research current regulations and seek legal counsel before any transaction.

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Consulting Services for Land Transfers at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive and professional solutions for land transfers for individuals of Vietnamese origin. Our experienced lawyers have a deep understanding of land law regulations. Our consulting services include:

• Verifying the legality of a land transfer for an individual of Vietnamese origin residing abroad.
• Advising on fulfilling the conditions for a legal land transfer.
• Assisting in preparing the transfer dossier and supporting documents.
• Drafting and reviewing land transfer contracts.
• Providing detailed guidance on the procedures at land management agencies.
• Acting as an authorized representative to execute the land transfer procedure.
• Analyzing risks, assessing feasibility, and offering expert professional advice.

Long Phan Consulting Company has an extensive network of partners nationwide, ensuring prompt and effective support for our clients. We also offer 24/7 consulting via our hotline and online channels.

Frequently Asked Questions on Restricted Land Transfers

To help clarify the land transfer restrictions for Vietnamese origin, we have compiled answers to common questions.

What specific land types are classified as “national defense and security land” under the Land Law 2024?

National defense and security land includes areas for military garrisons, headquarters, and bases; national defense structures and battlefields; military stations, ports, and information systems; and other facilities directly serving national defense and security.

(Article 200, Land Law 2024).

If a person of Vietnamese origin inherits land in a restricted category, what is the legal procedure?

If a person of Vietnamese origin inherits land they are not permitted to acquire, the Land Law 2024 (specifically Article 44.3(a)) allows them to receive residential land use rights through inheritance, even if they do not otherwise qualify for homeownership in Vietnam. For other restricted land types, specific regulations may require the conversion of land use purpose or transfer to an eligible entity.

What constitutes a “restricted-access land area” for individuals of Vietnamese origin residing abroad?

Restricted-access land areas typically include border communes, coastal communes, islands, and other areas identified by government decrees as affecting national defense and security.

(Article 10.1, Decree 102/2024/ND-CP).

What administrative penalties do individuals of Vietnamese origin face for illegally transacting in restricted land?

An individual of Vietnamese origin found to have illegally transacted in restricted land may be fined from 20,000,000 VND to 50,000,000 VND and be compelled to return the land to the transferor.

(Article 20.1(a), Decree 123/2024/ND-CP).

What is the role of the Ministry of Defense and Ministry of Public Security in land transfers in restricted areas?

When a person of Vietnamese origin wishes to acquire land in a restricted area, they must first obtain the formal opinion and approval of the Ministry of Defense and the Ministry of Public Security.

(Article 10.3, Decree 102/2024/ND-CP).

How can a person of Vietnamese origin determine if a specific land parcel is in a restricted area?

To determine if a land parcel is in a restricted zone, one should consult the provincial or district-level People’s Committee in the locality or seek professional legal advice from Vietnamese land law experts.

Conclusion

A clear understanding of the land transfer restrictions for Vietnamese origin is essential to avoid legal violations. If you have any questions regarding land transfer procedures, contact our hotline for a free consultation and receive the best support from our team of experts at Long Phan Consulting Company via hotline 1900.63.63.89.