1. Right to convert, transfer, lease, sublease, inherit, donate, mortgage, and contribute capital to land use rights
According to the provisions of Article 167 of the Land Law 2013, the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, and contribute capital to land use rights are specifically regulated as follows:
– Land users can exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, and contribute capital to land use rights according to the provisions of the 2013 Land Law.
– A group of land users who share land use rights have the following rights and obligations:
+ Groups of land users including households and individuals have the same rights and obligations as those of households and individuals according to the provisions of the 2013 Land Law.
Note: In case a group of land users has members who are economic organizations, they have the same rights and obligations as those of economic organizations according to the provisions of the 2013 Land Law;
+ In the case of a group of land users whose land use rights can be divided into shares for each member of the group, if each member of the group wants to exercise their rights to their land use rights, they must carry out the procedure. Separate plots according to regulations, carry out procedures for issuance of Certificates of land use rights, ownership of houses and other assets attached to land and exercise the rights and obligations of land users according to the provisions of the Land Law. belt 2013.
Note: In case the land use rights of a group of land users cannot be divided into parts, authorize a representative to exercise the rights and obligations of the group of land users.
– Notarization and authentication of contracts and documents exercising the rights of land users are guided by Article 64 of Decree 43/2014/ND-CP as follows:
+ Contracts and transaction documents on land use rights and ownership of assets attached to land of the household must be signed by the person named on the Certificate or an authorized person according to the provisions of civil law. sign.
+ Contracts and transaction documents on land use rights and ownership of assets attached to land of groups of land users and owners of assets attached to land must be signed by all members of the group. name or have a written authorization according to the provisions of civil law, except in cases where the apartment owners use the same plot of land in the apartment building.
+ Notarization is performed at notary practice organizations, authentication is performed at the commune-level People’s Committee.
2. Time to exercise the right to convert, transfer, lease, sublease, inherit, donate, mortgage, or contribute capital to land use rights
Article 168 of the 2013 Land Law stipulates the time for land users to exercise their rights as follows:
– Land users can exercise their rights when they have a Certificate. In the case of conversion of agricultural land use rights, the land user can exercise the rights after having a decision on land allocation or land lease; In case of inheriting land use rights, the land user can exercise their rights when they have a Certificate or are eligible to be granted a Certificate of land use rights, ownership of houses and other assets attached to land. .
In case the land user is allowed to delay the performance of financial obligations or is credited with financial obligations, the financial obligations must be fulfilled before exercising the rights.
– The time the person transfers land use rights in a housing construction and business investment project for sale or lease; transfer of land use rights and transfer of the entire project for infrastructure construction investment projects for transfer or lease after obtaining a Certificate and meeting the conditions prescribed in Article 194 of this Law. This law.
