I am tending to purchase the paddy land of 600 m2 from Mr. A. Please advise me what the conditions that I need to meet?
Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the legal provisions, we would like to send you some references as follows:
According to legal provisions on land. To purchase paddy land, the seller and purchaser need to meet the following conditions:
First, general conditions as prescribed in Clause 1 Article 188 of Land Law 2013, include:
- Having the certificate of land use rights;
- The land is dispute-free;
- The land use rights are not distrained to secure judgment enforcement;
- Within the land use term.
Second, besides the above conditions, according to Clause 3 Article 191 of Land Law 2013: “Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights”. Based on this provision, in case you want to purchase the paddy land, you need to prove that you are the person who is directly engaged in agricultural production.
Households or individuals directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agricultural land, or having agricultural land use rights recognized by the State; or has acquired agricultural land use rights, and generates stable income from agricultural production on that land.
The determination of the stable income source from agricultural production of households and individuals who are directly engaged in agricultural production subject to clause 3 Article 2 of Decree No. 01/2017/ND-CP. Accordingly, Commune People’s Committee shall be responsible for verifying the stable incomes of households or individuals from agricultural production under the following provisions:
- People’s Committee of the Commune at the registered permanent address of the household or individual directly engaged in agricultural production shall verify their stable incomes from agricultural production.
- If the households or individuals using a land parcel not located in their registered permanent addresses, the People’s Committees of the Communes of the registered permanent addresses shall verify the stable incomes of such household or individuals who directly engage in agricultural production after receiving a written confirmation of the use of agricultural land from the People’s Committee of the Commune where the land parcel.
Above is the legal opinions of FDVN related to your consulting requests based on researching the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.
Tổng Nguyên Thọ - FDVN Law Firm
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
56A Dien Bien Phu, Hue City, Thua Thien Hue
Lawyers in Ho Chi Minh City:
No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City
Lawyers in Ha Noi:
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Lawyers in Nghe An:
No. 19 V.I Lenin street, Vinh City, Nghe An Province
National Highway 1A, Quynh Xuan Ward, Hoang Mai Town, Nghe An Province.
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: firstname.lastname@example.org email@example.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/
Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam
- Toles Higher Examination
- Must-Know French 4,000 Words That Give You the Power Communicate - Eliane Kurbegov
- Learning Legal English: Privity of contract, discharge, and remedies
- IELTS Speaking Forecast - Quarter 1/2024
- Can an arbitrator settle a dispute for his relatives?
- Must a subsidiary company apply for work permit for a foreign employee who is the legal representative of both the subsidiary company and the parent company?
- Limiting the influence of 'Backroom Deals' and curbing cross-ownership: Expectations from amended Credit Institutions Law
- Comparing assignment of industrial property rights and licensing of industrial property rights
- Comparing bail and surety under the criminal procedure laws
- Cornell Notes for Legal Vocabs and Phrases - Part 16: Structure of a commercial contract
- Distinguishing between coded and uncoded electronic invoices as mandated by tax authorities
- Improving Vietnam's Anti-Corruption Laws based on examining various criminal cases involving the allocation of land use rights to corporations
- Legal perspective of value-added tax rate deduction to support businesses in recovering from the covid-19 pandemic and the practical implementation
- Can we build a house on land that is mortgaged at a bank?
- Cases which foreign workers are exempt from work permits
- Compare security collateral and escrow deposit measures in civil law