03 precedents are applied in resolving land donation contract disputes

To resolve disputes over land use rights (or land donation) contracts, the Council of Judges of the Supreme People's Court has issued relevant precedents as follows:

- Precedent No. 03/2016/AL dated April 6, 2016 on resolving divorce cases, which recognizes the gift of land use rights between parents and children, applicable in cases where the parents have given the only child to the couple. area of ​​land and the child and his wife built a solid house on that land area to live in. When the child and his wife built the house, the parents and other family members had no objections; If the child and his wife have used the house or land continuously, publicly, and stably, and have carried out land declaration and been granted a land use right certificate, it must be determined that the child and his wife have been given the right to use the land. land use.

- Precedent No. 14/2017/AL dated December 14, 2017 on recognizing conditions of contracts for donating land use rights that are not stated in the contract, applicable to cases of contracts donating land use rights The land use does not state the donation conditions, but other relevant documents and documents show that the parties have agreed and agreed on the donation conditions and the donation conditions are legal; In this case, the Court must recognize the conditions of the land use rights donation contract and determine that the land use rights donation contract is a conditional asset donation contract.

- Precedent No. 52/2021/AL dated November 25, 2021 on the validity of contracts to donate land use rights when land use rights have not been registered, applicable in cases where contracts to donate land use rights are established. documents that have been notarized or authenticated; If the donated party has not registered land use rights due to objective obstacles, the party donating the property dies. In this case, it must be determined that the land use rights donation contract is legally effective.

Conditions for donating land use rights

According to the provisions of Clause 1, Article 188, Land Law 2013, the conditions for donating land use rights are determined as follows:

+ Donated land use rights already have a land use right certificate, except for the case specified in Clause 3, Article 186, Land Law 2013 and the case of inheritance specified in Clause 1, Article 168, Law Land 2013, accordingly:

- The donor is the person who receives land use rights through inheritance but they are in the case of not being granted a land use right certificate according to the regulations that Vietnamese residing abroad or foreigners are not allowed to buy houses. Housing is associated with residential land use rights in Vietnam.

- The donor is the person who has the right to use land through inheritance, although he/she meets the conditions but has not yet been granted a land use right certificate.

+ The right to use the donated land is not in dispute. To ensure the rights of other subjects as well as avoid future disputes, the parties are required to only donate land use rights when there is no related dispute or the dispute has been resolved. .

+ Land use rights are not distrained to ensure judgment enforcement.

+ The donated land use rights must be valid for the duration of use as prescribed by law. In cases where land is allocated or leased by the State for a term, when this term expires, the land use rights of the assignee or lessee will also terminate, so the land user wants to donate the land rights. Use of your land must be done while the land is still within its useful life.

In addition, according to the provisions of Articles 191 and 192, Land Law 2013, when donating land use rights to others, it must ensure that it falls within the cases where the law allows donation. For donated land that is rice growing land, the recipient must be an individual or household directly involved in agricultural production. Residential or agricultural land within the scope of protection forests or special-use forests can only be donated to people living in this area.