In 1990, I was transferred 300m2 of residential land of Mr. A (I paid full of money to Mr. A). At the time of transfer, Mr. A already obtained a land use right certificate. The transferring land-use rights contract signed by Mr. A and me was not notarized or authenticated. In 2001, I built a house on the entire land above. At the time of building the house, Mr. A knew it and had no objection. Suddenly, in 2018, Mr. A sued and asked me to return the said land area. So I would like to know if the transfer of land use rights between me and Mr. A recognized by the Court?
FDVN's opinion:
According to the information provided by you, the land use right transfer contract between you and Mr. A was established in 1990. The law of this period (from July 1, 1980 - the date the Government issued Decision No. 201/CP was before October 15, 1993 - the effective date of the 1993 Land Law) prohibited the purchase, sale, and sale of land transfer crops in any form. Therefore, in general, this contract was contrary to the provisions of law. If there is a dispute over this land use right transfer contract, the Court will cancel the contract because the contract is invalid.
However, if the land use right transfer contract has been made, depending on the case, the Court may consider recognizing the contract as prescribed at Point b, Sub-Section 2.2, Section 2, Part II, Resolution 02/2004/NQ-HDTP dated 10/8/2004 as follows:
b) For the land use right transfer contract has been performed, the court shall recognize the contract in the following cases:
b.1) The transferee of the land use right has been issued a certificate of land use right by a competent People's Committee in accordance with the law on land;
b.2) For the transferee has not been granted a land use right certificate but they have completed the procedures for applying for the certificate of land use right at the competent People's Committee, The People's Committee approved the transfer;
b.3) The transferee of the land use right has built houses, architectural works, planted perennial trees, invested in production and business has not violated the regulations on planning and the transferor hasn't objected that act's transferee.
According to the information provided by you, you have paid enough money to Mr A and built a house on the land plot which was known by Mr. A without any objection. Based on the provisions mentioned in Point b.3, there are absolute grounds for the Court to recognize the land use right transfer contract between you and Mr. A.
FDVN Law Firm
CONTACT US:
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
336 Phan Chu Trinh, Hue City, Thua Thien Hue
Lawyers in Phu Quoc:
65 Hung Vuong, Duong Dong town, Phu Quoc island district
Lawyers in Quang Ngai:
359 Nguyen Du, Quang Ngai City, Quang Ngai Province.
Lawyers in Ha Noi
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Other Articles
- BLACK'S LAW DICTIONARY (ABRIDGED TENTH EDITION) BY BRYAN A.GARNER
- CẤU TRÚC “NOT ONLY … BUT ALSO …”
- THE ARCHITECTURE OF THE DEAL: THE STRUCTURES THAT DEFINES A DECADE OF GLOBAL M&A BY HERMAN, HENRY & DOMINIC
- ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES, SEMINAR PAPERS, AND GETTING ON LAW REVIEW BY EUGENE VOLOKH
- THE CONTRACT COMPASS BASIS PRINCIPLES FOR DRAFTING AND READING EVERY AGREEMENT BY HERMAN, HENRY & DOMINIC
- CÔNG VĂN 7751/BNG-LS CỦA BỘ NGOẠI GIAO NGÀY 03 THÁNG 09 NĂM 2026 VỀ VIỆC TRIỂN KHAI THỰC HIỆN CÔNG ƯỚC APOSTILLE
- PRIVATE M&A NEGOTIATION A PRACTITIONER'S COMPANION TO THE SHARE PURCHASE, SUBSCRIPTION & SHAREHOLDER'S AGREEMENT BY HERMAN, HENRY & DOMINIC
- LITIGATION IN TWO WORLDS CIVIL AND CORMMERCIAL COURT PROCEDURE IN VIETNAM AND THE UNITED STATES: A PRACTITIONER'S COMPARATIVE GUIDE BY HERMAN, HENRY & DOMINIC
- HƯỚNG DẪN THỰC HIỆN LUẬT THƯƠNG MẠI ĐIỆN TỬ VÀ NGHỊ ĐỊNH 248/2026/NĐ-CP
- THE M&A DICTIONARY BY HERMAN, HENRY & DOMINIC
- THE CAMBRIDGE HANDBOOK OF PRIVATE LAW AND ARTIFICIAL INTELLIGENCE EDITED BY ERNEST LIM AND PHILLIP MORGAN
- ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY EDITED BY JYH-AN LEE, RETO M HILTY, AND KUNG-CHUNG LIU
- ARTIFICIAL INTELLIGENCE AND THE LAW CYBERCRIME AND CRIMINAL LIABILITY EDITED BY DENNIS J. BAKER AND PAUL H. ROBINSON
- ARTIFICIAL INTELLIGENCE IN LEGAL SYSTEMS (BRIDGING LAW AND TECHNOLOGY THROUGH AI) EDITED BY ERIONA CELA, NARASIMHA RAO VAJJHALA AND BEHROUZ ASLANI
- NGHỊ ĐỊNH 342/2026/NĐ-CP QUY ĐỊNH CHI TIẾT LUẬT THƯƠNG MẠI VÀ LUẬT QUẢN LÝ NGOẠI THƯƠNG VỀ HOẠT ĐỘNG MUA BÁN HÀNG HOÁ VÀ HOẠT ĐỘNG LIÊN QUAN TRỰC TIẾP ĐẾN MUA BÁN HÀNG HOÁ CỦA NHÀ ĐẦU TƯ NƯỚC NGOÀI, TỔ CHỨC KINH TẾ CÓ VỐN ĐẦU TƯ NƯỚC NGOÀI TẠI VIỆT NAM
- THE LAW OF INTERNATIONAL LAWYERS BY WOUTER WERNER, MARIEKE DE HOON AND ALEXIS GALÁN



