Can land currently under planning in Vietnam be transferred?

According to Clauses 7 and 8, Article 49 Land Law 2013 (modified and supplemented by Law amending and supplementing a number of articles of 37 Laws related to planning in 2018), stipulated as follows:

- In case the land use planning has been announced but there is no district-level annual land use plan, the land user can continue to use it and exercise the rights of land users according to the provisions of the Law. law

In case there is an annual land use plan at the district level, land users in the area who must change the land use purpose and recover land according to the plan can continue to exercise the rights of land users but do not to build new houses and buildings, and plant perennial trees; If the land user needs to renovate or repair existing houses or structures, they must obtain permission from a competent state agency according to the provisions of law.

- The land area recorded in the district's annual land use plan has been announced and must be recovered to implement the project or the land use purpose must be changed but after 03 years there has been no land recovery decision or has not been approved. permission to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of recovery or change of purpose for the area. land recorded in the land use plan.

In cases where the competent state agency that approves the land use plan does not adjust or cancel it, or adjusts or cancels it but does not announce the adjustment or cancellation, the land user is not limited in his or her rights. according to the regulations mentioned above.

According to the above regulations, houses and land located in planning are limited in some rights, however, there is no restriction on transfer rights for houses and land located in planning even though there is an annual land use plan of the district or local level. Not yet.

Therefore, people with houses and land within the planning can still transfer them.

However, according to the provisions of Clause 6, Article 19 Decree 43/2014/ND-CP, Clause 8, Article 49 Land Law 2013 Land users will not be granted land use rights certificates if there has been a notice or decision to recover land from a competent state agency. The time limit for issuing a notice or decision on land recovery is within 03 years from the date the district's annual land use plan has been announced.

Thus, houses and land within the planning can still be bought and sold, but the following two cases will occur:

- Buying or selling before there is a notice or decision on land recovery, the land user will be issued a certificate;

- Buying or selling after a notice or decision on land recovery is issued, the land user will not be issued a certificate.