Hello LSX Lawfirm, I am a foreigner living and working in Vietnam. Currently, I have a question for the lawyer: What guarantees will the State give to land users? So, LSX Lawfirm will give you an article about: “State guarantee for land users in Vietnam”, as follows:
Law on land 2013
Some definitions about the state granting land use
Accordingly, The State allocates land use rights (below referred to as the State allocates land) means that the State issues decisions on land allocation to grant land use rights to subjects having land use demand.
Then, (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.
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.
Related article: Land classification in Vietnam that foreigners need to know
The form of the state granting land use rights in Vietnam
Firstly, The State shall decide on land use purposes through land use master plan and plans; and permit the change of land use purposes.
Secondly, The State shall prescribe land use quotas; including allocation quotas for agricultural land, allocation quotas for residential land, recognition quotas for residential land use rights; and quotas for acquisition of agricultural land use rights.
In addition, The State shall prescribe land use terms of the following forms:
a/ Long and stable land use term;
b/ Definite land use term.
Thirdly, The State shall grant land use rights to land users in the following forms:
1. Accordingly, Decision on allocation of land without land use levy, and allocation of land with land use levy.
2. Then, Decision on lease of land with annual rental payment; and then lease of land with one-off rental payment for the entire lease period.
3. Finally, Recognition of land use rights.
State guarantee for land users in Vietnam
The State guarantees the land use rights in the following cases:
Firstly, guarantee of the lawful rights to use land and land-attached assets of land users
Secondly, grant of the certificates of land use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law.
Thirdly, when their land is recovered by the State for national defense or security purpose; or for socio-economic development in the national or public interest, land users are entitled to compensation, support and resettlement in accordance with law.
Then, Adoption of policies in the form of vocational training, change of occupation and facilitation of job seeking for those who are directly engaged in agriculture, forestry, aquaculture or salt production and lack land for production due to land use restructuring or economic restructuring.
Finally, the State does not recognize the reclaim of land which has been allocated to others in accordance with the State’s regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.
The 2013 Land Law removed three groups of subjects who were allocated land without land use levy compared to the 2003 Land Law, who included?
Organize the use of land for the purposes of research, experiment and experiment in agriculture, forestry, aquaculture, salt making;
Agricultural cooperatives use land as ground for the construction of cooperative offices, drying yards, and warehouses; to build service establishments directly serving agricultural production, forestry, aquaculture and salt production;
People’s armed forces units are allocated land by the State for agricultural, forestry, aquaculture, salt-making or production combined with defense and security tasks.
Does the State allocate land for aquaculture to pay land use tax?
No, according to Article 54. Land allocation without land use levy:
“The State allocates land without collecting land use levy in the following cases:
Households and individuals directly engaged in agricultural, forestry, aquaculture or salt production may be allocated agricultural land within the limit specified in Article 129 of this Law”.