1. Does the law allow real estate exchange?

Land use rights conversion is also simply understood as the process of exchanging land between parties. This is one of the forms of land use rights transfer. Both parties have corresponding assets and values ​​and agree to grant use rights. Both parties are both the converter but also the transfer recipient. change.

Pursuant to Article 190 of the Land Law, it is stipulated as follows: When the state allocates agricultural land to households and individuals who wish to convert, receive transfer, receive inheritance, or receive land use rights as gifts. legally from another person, it is only allowed to convert agricultural land use rights when ensuring the condition that this land exists in the same commune, ward or town that other households and individuals are also using but have desire to transform to create favorable conditions for agricultural production.

Currently, when converting, the parties do not have to pay personal income tax or registration fees. Instead, they only need to follow the correct change registration procedures as prescribed by law. In case there is a difference in the value of land use rights, one party will pay the other party the difference in value through consensus between the parties, unless the parties agree to exchange. Horizontal without distinction in value difference.

According to regulations, subjects eligible for conversion of land use rights are agricultural land in the same commune, ward or town. The purpose of this regulation is to create favorable conditions and develop Vietnamese agriculture, avoiding wasteful land or hindering the production process because agricultural production is one of the strengths that needs special attention. investment and facilitation. To ensure legality, the conversion must be registered at the land registration agency and take effect from the time of registration in the cadastral book.

Thus, individuals who arbitrarily exchange real estate for each other are committing acts that are not permitted by law.

2. Procedures for resolving disputes arising from real estate exchange:

As you know, the law does not allow individuals to exchange real estate with each other. In case the parties intentionally convert and a dispute occurs, there will be a solution as follows:

 2.1. Mediation of land disputes:

Too The conciliation process can be carried out through self-conciliation or requesting local authorities to conciliate at the grassroots level. Pursuant to Clause 1, Article 202 of the 2013 Land Law, our State always has regulations that encourage parties to land disputes to reconcile themselves or resolve land disputes through conciliation at the grassroots level. Normally, grassroots mediation will be carried out at the People's Committee of the commune, ward or town where the land is located.

Choosing this method is not coercive, so the results often depend on the goodwill of the parties.

– Conciliation procedures must take place at the commune-level People's Committee. Because according to the provisions of Clause 2, Article 202 of the 2013 Land Law, if an individual or household has land conflicts that cannot be resolved on their own, the parties will submit an application to the commune-level People's Committee where the disputed land is located. negotiate for reconciliation

Thus, if the disputing parties cannot reconcile but want to resolve the dispute, they must send an application to the People's Committee of the commune, ward or town where the land is located for mediation; This is considered a mandatory procedure because if you do not conciliate, you will not be able to file a lawsuit or submit a request to the district or provincial People's Committee for settlement, except in some cases where conciliation is not required.

Note:

– For disputes to determine who has land use rights, conciliation is required (this is a land dispute);

– Some disputes that do not require conciliation include disputes over transactions related to land use rights, disputes over inheritance of land use rights, and division of common assets between husband and wife, which are land use rights. ;

– In case of successful conciliation, the dispute ends; If conciliation fails, depending on each case, the law has different solutions (initiating a lawsuit, asking the district or provincial People's Committee to resolve).

2.2. Recommend the People's Committee at district and provincial levels to resolve:

The settlement authority of the District and Provincial People's Committees is exercised when there are real estate disputes in which the litigant does not have a Certificate or does not have one of the documents on land use rights specified in Article 100 of the 2013 Land Law. Specifically, the litigant can only choose one of two forms of settlement:

– Submit a request for dispute resolution at the district People's Committee if the dispute is between households or individuals;

When receiving settlement results from a competent authority and disagreeing with the settlement decision, people have the right to complain to the Chairman of the Provincial People's Committee or initiate a lawsuit in court according to the provisions of administrative procedure law. ;

– Initiating a lawsuit at Court is the last option for individuals and households to choose to resolve the disputed land area. This procedure is carried out in accordance with the provisions of civil procedure law.

2.3. Filing a lawsuit at the People's Court:

– We need to consider cases falling under the Court's jurisdiction according to Clauses 1 and 2, Article 203 of the 2013 Land Law, including:

+ Land disputes arise where the litigant can prove legal ownership through a Certificate or one of the documents specified in Article 100 of the Land Law;

+ Related to disputes over assets attached to land such as houses, construction works...);

+ In addition, if people have a land dispute and the person involved does not have a Certificate or does not have one of the documents specified in Article 100 of the Land Law.

– Conditions for filing a lawsuit:

The subject initiating the lawsuit must have all of the following elements:

+ An individual has the status to initiate a lawsuit to resolve a dispute (an individual who is one of the parties whose legal rights and interests are violated);

+ Court has jurisdiction to resolve disputes;

+ The dispute has been conciliated at the commune-level People's Committee but there is still no consensus on the solution.

3. When is real estate exchange considered legal:

As is known, households and individuals wishing to convert agricultural land use rights in the same commune, ward or town with other households or individuals are completely allowed by law. However, if individuals or organizations arbitrarily convert real estate to each other, they are violating the regulations set forth by the State.

If individuals want to exchange real estate, they need to do so through transfer, purchase or donation of land use rights to legally make this transaction. When transferring, buying, selling or donating land use rights, if the individuals have a close relationship with each other, they will be exempt from personal income tax or real estate registration fees.

Thus, a verbal agreement to exchange real estate will not be allowed by law. So when disputes arise, it will directly affect the interests of the parties. To legally convert land use rights, individuals should do so through transfer, purchase, inheritance, or gift. When choosing one of the above forms, the legal conditions must be met.

Legal documents used:

Land Law 2013.