Question (An overseas Vietnamese in Germany, still bearing Vietnamese nationality): May I be entitled to own and use a plot of land (already granted with the Red Book – a certificate of the right of land ownership and use) given by my parents?
If my parents give me the land plot which I temporarily cannot own and use yet, my parents write a paper of inheritance and consign it to a tribunal in Việt Nam. Can I take the paper back and own the plot? What are the procedures of consignment?
If I authorize someone to take care of the plot, what should I do to avoid the loss of the land?
Answer: According to Item 6, Article of the Land Law 2003, every household/individual use their own land which is not hired from other owner can give or transfer the right of using the land to overseas Vietnamese households/individuals. However, the receivers must belong to one of the following groups:
1. Long-term investors who need a residence in Việt Nam;
2. Persons who make great contributions to the country;
3. Cultural activists and scientists who want regular operations in Việt Nam to serve the national construction;
4. Those who want to settle permanently in Việt Nam.
Article 103 of Decree 181/2004/NĐ-CP dated on October 29, 2004 on the implementation of the Land Law stipulates the cases in which the adoption of the right of land use is impossible:
1. Organizations, households or individuals cannot take over the right of using the land which cannot be transferred or presented to others under Việt Nam's laws.
2. Economic organizations are not permitted to receive the right to use wet-rice growing lands, protective forests, forests for special purposes transferred by households/individuals unless the conversion of the land-use right is approved.
3. Households/individuals who do not directly engage in agricultural production are not permitted to adopt the right to use wet-rice growing lands.
4. Households/individuals are not allowed to take over the right to use residential or agricultural lands in restricted areas, in eco-restoration subdivisions of forests for special purposes, and in protective forests, if they do not live within those forests.
Thus, you have the right to take the right of using the land given by your parents if all the above legal conditions are met.
If you cannot be named in the Certificate of the Right of Using the Transferred Land, you still have the right over the plot. You can authorize in writing somebody to look after or temporarily use the plot and fulfill all legal obligations relating to the land.
The mandate must be made at the Notary Public’s Office. The mandate-relating papers made at the Notary Public’s Office will be legal evidence to prove your legitimate ownership over the land.