Land user means a person who is granted land use rights by the State in the form of land allocation, land lease, or recognition of land use rights. So, what are the land users? Is the foreign organization a land user? LSX Lawfirm will give you the answer in this article as follows:
The Land law 2013
What are the difference between definition of the State recognizes land use rights and the State leases land use rights?
The State recognizes land use rights means that the State grants land use rights to a person that is using stably the land not allocated or leased by the State, through the grant of a certificate of land use rights and ownership of houses and other land-attached assets for the first time, for a certain land parcel.
The State leases land use rights (below referred to as the State leases land) means that the State decides to grant land use rights to subjects having land use demand under contracts on land use rights lease.
Is the foreign organization a land user?
According to the Lan law 2013, Land users may be allocated land or leased land; have land use rights recognized by the State, or acquire land use rights in accordance with the Lan Law 2013, including:
Article 5. Land users
5. Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government; representative missions of organizations of the United Nations; inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.
So, the foreign organization is a land user when State allocated land or leased land and recognized use rights or acquired land use rights in accordance with the Lan Law 2013.
In addition, the land users can be Overseas Vietnamese as prescribed by the nationality law and Foreign-invested enterprises; including 100% foreign-invested enterprises, joint-venture enterprises; Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.
Land use principles with foreign organization is the land user
- Firstly; Compliance with land use master plans and plans, and use for proper purposes.
- Secondly; Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.
- Finally; Land users may exercise their rights and perform their obligations within the land use term in accordance with the Land Law 2013 and other relevant laws.
The head of a foreign organization with diplomatic functions, or a foreign- invested enterprise, is responsible for the land use by his/her organization.
Individuals and overseas Vietnamese are responsible for the use of their own land.
Economic organization means an enterprise, a cooperative or another economic organization as prescribed by the civil law, excluding foreign-invested enterprises.
The State shall grant land use rights to land users in the following forms:
Decision on allocation of land without land use levy, and allocation of land with land use levy.
Decision on lease of land with annual rental payment, and lease of land with one-off rental payment for the entire lease period.
Recognition of land use rights.
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