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The Art of Agricultural Land Donation: Unveiling the Secrets to a Seamless Process

Today, we delve into the world of gift-giving, specifically focusing on the conditions and procedures involved in donating agricultural land.

Administrator

22 July, 2024

The conditions and procedures for donating agricultural land are very important information, but not everyone knows them. Therefore, today we will explore these issues with you in the following article.

1Conditions for Transfer of Agricultural Land

Regarding the conditions for the transfer of the right to use agricultural land, Land Law 2013 (Land Law) has regulations in Clause 1, Clause 3, Article 188:

Land users must have a Certificate of Land Use Rights.
Land must be free from disputes.
Land use rights must not be seized to ensure the execution of judgments.
The land user must still be within the land use term.
The transfer of land use rights must be registered with the land registration agency and takes effect from the time of registration in the land register.

Certificate of Land Use Rights

In addition, there are cases where the Law restricts or prohibits the transfer of agricultural land. Specifically, according to Clauses 3 and 4, Article 191 of the Land Law, the following cases are not allowed to receive land transfer rights:

Households and individuals not directly engaged in agricultural production are not allowed to receive the transfer or donation of the right to use rice land.
Households and individuals are not allowed to receive the transfer or donation of the right to use agricultural land, land for housing, land in the protective forest area, in the strict protection sub-zone, and the ecological recovery sub-zone of the special-use forest, if they do not live in the protective forest or special-use forest area.

Protective Forest

According to Article 130 of the Land Law and detailed regulations in Article 44 of Decree No. 43/2014/ND-CP, the limit on the transfer of the right to use land for annual and perennial crops and production forests of each household and individual for agricultural purposes is applied to the following forms of transfer:

Land for annual crops: Not exceeding 30 hectares for provinces and centrally-run cities in the Southeast region and the Mekong Delta; Not exceeding 20 hectares for other provinces and centrally-run cities.
Land for perennial crops: Not exceeding 100 hectares for communes, wards, and towns in the deltas; Not exceeding 300 hectares for communes, wards, and towns in the midlands and mountainous areas.
Land for production forests, which are planted forests: Not exceeding 150 hectares for communes, wards, and towns in the deltas; Not exceeding 300 hectares for communes, wards, and towns in the midlands and mountainous areas.

Mekong Delta

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2Procedure for Transfer of Agricultural Land

The procedure for the transfer of agricultural land includes the following steps:

Step 1: The land user submits a set of documents to realize the right to transfer. If the land user only has the right to part of the land lot, the measurement and separation of that area from the land lot must be performed by the Land Registration Office before submitting the application.

Land Registration Office

Accordingly, the transferee shall submit a dossier for registration of land use right changes, change of name and transfer of ownership at the Land Registration Office under the Department of Natural Resources and Environment of the district where the land is located after the contract for transfer of land use right is signed and certified by a notary public organization.

The dossier includes:

For the transferor:

02 copies of the household registration book
02 copies of the ID card of the transferor
02 copies of the marriage registration certificate for married persons or the certificate of marital status for unmarried persons
Certificate of Land Use Rights.

For the transferee:

02 copies of the household registration book
02 copies of the transferee’s ID card
02 copies of the marriage registration certificate for married persons or the certificate of marital status for unmarried persons.

Step 2: The Land Registration Office will inspect the dossier, and if it meets the prescribed conditions, it will perform the following tasks:

Send cadastral information to the tax authority to determine and notify the financial obligations for cases where financial obligations must be fulfilled as prescribed.
Confirm the changes in the issued Certificate according to the regulations of the Ministry of Natural Resources and Environment.

In case a Certificate of Land Use Right must be issued, the Land Registration Office shall establish a dossier and submit it to the competent authority for the issuance of the Certificate of Land Use Right to the land user.

The Land Registration Office inspects the dossier upon receipt of a complete set of documents

Step 3: The Land Registration Office shall make corrections and update changes in the cadastral records and the land database; deliver the Certificate to the land user or send it to the People’s Committee of the commune-level administrative unit for delivery if the dossier was submitted at that level.

Finally, the Land Registration Office corrects and updates changes in the cadastral records and the land database

According to Point b, Clause 2, Article 61, Decree No. 43/2014/ND-CP, the time limit for performing administrative procedures for registration and issuance of the Certificate of Land Use Right to the transferee of the land use right is no more than 30 days.

See also:

The above is important information about the conditions and procedures for donating agricultural land that we would like to share with you. We hope that this knowledge will be helpful to you and those around you in the future.

Frequently asked questions

Agricultural land donation is the process of donating land to a qualified organization or individual for the purpose of agricultural use. This can include donating land for farming, ranching, or other agricultural purposes.

There are several reasons why someone might want to donate their agricultural land. Perhaps they no longer have the ability to maintain the land, or they may wish to support a particular cause or organization. Donating land can also provide tax benefits and help ensure that the land is used for a beneficial purpose.

Most types of agricultural land are eligible for donation, including vacant land, farmland, and ranch land. It’s important to check with your local regulations and the specific requirements of the organization you wish to donate to.

Donating agricultural land can provide several benefits. It can help you support a cause or organization that is important to you, and it can also provide tax advantages. Additionally, donating land can remove the burden of maintenance and ensure that the land is used for a productive purpose.

Yes, in many cases, donating agricultural land can provide significant tax benefits. Depending on your location and the value of the land, you may be eligible for a tax deduction or credit. It’s important to consult with a tax professional to understand the specific implications for your situation.

It’s important to research and vet any organization before making a donation. Look for established organizations with a clear mission and a track record of responsible land use. You can also check with your local land trust or conservation organization for recommendations.

The process of donating land can vary depending on the organization and your specific circumstances. In general, you will need to contact the organization and provide information about the land, including its location, size, and any relevant details. The organization will then evaluate the land and determine if it meets their criteria for acceptance.

In most cases, the donor is not responsible for any costs associated with the donation. However, it’s always a good idea to clarify this with the organization beforehand.

Yes, it is often possible to place restrictions or conditions on how your donated land is used. For example, you may want to ensure that the land remains in agricultural use or that it is used for a specific purpose. Discussing your wishes with the organization can help ensure that your intentions are respected.

It’s important to carefully consider your decision before donating land, as it is typically a permanent and irreversible process. However, in certain exceptional circumstances, it may be possible to revoke a land donation. This would depend on the specific terms of the donation agreement and the laws in your jurisdiction.