Rights and obligations of households, individuals using land in Vietnam
Households, individuals are popular types of land users in Vietnam. Let’s find out about this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask what are rights and obligations of households and individuals using land in Vietnam? What are rights and obligations of households and individuals changing land use purpose? Thanks for answering me questions!”
Legal grounds
- 2013 Vietnam Land law
Rights and obligations of households and individuals using land
– Households or individuals that use agricultural land allocated by the State within land use quotas, are allocated land with land use levy or leased with full one-off rental payment for the entire lease period, have land use rights recognized by the State, or obtain land through exchange, transfer, inheritance or donation, have the following rights and obligations:
+ The general rights and obligations prescribed in Article 166 and Article 170 of Land law;
+ To exchange agricultural land use rights with other households and individuals within the same commune, ward or township;
+ To transfer land use rights in accordance with law;
+ To lease land use rights to other organizations, households, individuals or overseas Vietnamese investing in Vietnam;
+ Individuals using land are entitled to bequeath their land use rights in accordance with their will or law.
If any member of a household to which land has been allocated by die State dies, land use rights of that member may be inherited in accordance with his/her will or law.
If the heir is an overseas Vietnamese who falls into the category defined in Clause 1, Article 186 of Land law, h+she is entitled to inherit land use rights. Otherwise, h+she is only entitled to receive the value of the inherited land use rights;
+ To donate land use rights under Point c, Clause 2, Article 174 of Land law and to donate land use rights to households, individuals or overseas Vietnamese who fall into the category defined in Clause 1, Article 186 of Land law;
+ To mortgage land use rights at credit institutions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law;
+ To contribute land use rights as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business;
+ In case the land is subject to recovery for project implementation, land users are entitled to invest on land by their own or to lease land use rights to the investor or to contribute land use rights as capital to the investor for project implementation in accordance with the Government’s regulations.
– Households or individuals that are leased land by the State with annual rental payment have the following rights and obligations:
+ The general rights and obligations prescribed in Article 166 and Article 170 of Land law;
+ To sell their assets attached to the leased land. The buyer of these assets may continue leasing land from the State for the determined purpose;
+ To inherit or donate their assets attached to the leased land. The heir or donee may continue leasing land from the State for the determined purpose;
+ To lease their assets attached to the leased land in accordance with the civil law;
+ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law;
+ To contribute their assets attached to the leased land within the lease term as capital tó organizations, households, individuals or overseas Vietnamese for cooperation in production or business. The recipient of such capital contribution may continue leasing land from the State for the determined purpose
– Households or individuals that sublease land in industrial parks, industrial clusters or export processing zones have the following rights and obligations:
+ In case of leasing or subleasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 1 of this Article;
+ In case of leasing or subleasing land with annual rental payment, they have the rights and obligations prescribed in Clause 2 of this Article.
– Households or individuals that are allocated or leased land by the State and are entitled to exemption from or reductions of land use levy or land rental have the same rights and obligations as being not entitled to exemption from or reductions of land use levy or land rental.
– Households or individuals that use leased land from organizations, households or individuals that do not fall into the case specified in Clause 3 of this Article, have the rights and obligations prescribed in the civil law,
Rights and obligations of households and individuals changing land use purpose from land allocation without land use levy to land allocation with land use levy or land lease
– Households or individuals that change land use purpose from land allocation without land use levy to land allocation with land use levy or land lease have the general rights and obligations prescribed in Articles 166 and 170 of Land law.
– The rights and obligations of households or individuals using land of which the land use purpose is permitted to change from land allocation without land use levy to land allocation with land use levy or land lease by competent state agencies are prescribed as follows:
+ In case of being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, these households or individuals have the rights and obligations prescribed in Clause 1, Article 179 of Land law;
+ In case of being leased land with annual rental payment, these households or individuals have the rights and obligations prescribed in Clause 2, Article 179 of Land law.
Rights and obligations of religious institutions and communities using land
– Religious institutions and communities using land have the general rights and obligations prescribed in Articles 166 and 170 of Land law.
– Religious institutions and communities using land may not exchange, transfer, lease or donate land use rights or mortgage or contribute as capital land use rights.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
Households or individuals that use agricultural land allocated by the State within land use quotas, are allocated land with land use levy or leased with full one-off rental payment for the entire lease period, have land use rights recognized by the State, or obtain land through exchange, transfer, inheritance or donation, have the right to exchange agricultural land use rights with other households and individuals within the same commune, ward or township.
Households or individuals that use agricultural land allocated by the State within land use quotas, are allocated land with land use levy or leased with full one-off rental payment for the entire lease period, have land use rights recognized by the State, or obtain land through exchange, transfer, inheritance or donation, have the right to transfer land use rights in accordance with law.
Households or individuals that are allocated or leased land by the State and are entitled to exemption from or reductions of land use levy or land rental have the same rights and obligations as being not entitled to exemption from or reductions of land use levy or land rental.
Conclusion: So the above is Rights and obligations of households, individuals using land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
