Actual situation and recommendations perfecting laws on conditions for donating land use rights

Abstract

Article 88 of the Land Law in 2013 regulates land users can exercise the right to donate land use rights when meeting the following conditions:

a)                Having the certificate, except the case prescribed in clause 3, Article 186 and the case of receiving inheritance prescribed in clause 1, Article 168 of this Law;

b)                The land is dispute-free;

c)                 The land use rights are not distrained to secure judgment enforcement;

d)                Within the land use term.

According to these regulations, land use rights have to fulfill those certain conditions to become the objects of the civil transactions, in general, and of the contract on the donation of land use rights, in particular. In fact, the current law still reveals inadequacies which cause difficulties in the practical implementation. The paper mainly focuses on analyzing the legal actual situation of conditions for donating land use rights; accordingly, the author proposes some recommendations to perfect the provisions of the Land Law in 2013 on this issue.

Keywords: Donation, land use rights, condition for donating land use rights.