Question: What are the current regulations regarding persons entitled to receive land use rights?
Answer:
As of August 1, 2024, the Land Law 2024 officially came into effect. Accordingly, Article 28 of the Land Law 2024 stipulates the persons entitled to receive land use rights, including:
- Individuals entitled to the exchange of land use rights as prescribed in Point b, Clause 1, Article 37 of the Land Law 2024;
- Economic organizations and individuals entitled to the transfer of land use rights;
- Foreign-invested economic organizations, overseas Vietnamese permitted to enter Vietnam, entitled to receive land use rights within industrial zones, industrial clusters, and high-tech zones;
- Foreign-invested economic organizations entitled to receive a transfer of investment capital in the form of land use rights value in accordance with government regulations;
- Economic organizations and foreign-invested economic organizations entitled to contribute capital in the form of land use rights;
- Domestic organizations, individuals, and community groups entitled to receive land use rights as gifts, in accordance with this Law;
- Domestic organizations, individuals, and community groups entitled to inherit land use rights;
- Overseas Vietnamese permitted to enter Vietnam, entitled to purchase or lease-purchase housing attached to residential land use rights, receive land use rights in housing development projects, inherit residential land use rights and other types of land within the same land plot with housing in accordance with civil law; entitled to receive housing gifts attached to residential land use rights from persons within the inheritance line as per civil law;
- Domestic organizations, individuals, community groups, religious organizations, subordinate religious organizations, and overseas Vietnamese permitted to enter Vietnam, entitled to land allocation by the State; foreign-invested economic organizations entitled to land allocation by the State to implement investment projects for housing construction for sale or for sale combined with lease;
- Economic organizations, public non-business units, religious organizations, subordinate religious organizations, individuals, overseas Vietnamese, foreign-invested economic organizations, and foreign diplomatic organizations entitled to lease land from the State;
- Domestic organizations, individuals, community groups, religious organizations, and subordinate religious organizations entitled to State recognition of land use rights for land in stable use;
- Domestic organizations, individuals, and overseas Vietnamese permitted to enter Vietnam, foreign-invested economic organizations entitled to receive land use rights through successful land dispute mediation recognized by a competent People’s Committee; through agreements in mortgage contracts to handle debt; through decisions of competent State agencies on resolving land disputes, complaints, denunciations, court judgments, and rulings, and enforcement decisions of the enforcement authority; through decisions or arbitral awards of the Vietnam Commercial Arbitration; through documents recognizing land use rights auction results in accordance with law; and through documents on land use rights division and separation as per the law for a group of land users with joint land use rights;
- Community groups, religious organizations, and subordinate religious organizations entitled to receive land use rights through successful land dispute mediation recognized by a competent People’s Committee; through decisions of competent State agencies on resolving land disputes, complaints, denunciations, court judgments, and rulings, and enforcement decisions of the enforcement authority; through decisions or arbitral awards of the Vietnam Commercial Arbitration;
- Domestic organizations, newly established legal entities formed through division, separation, merger, consolidation, or conversion of organizational models as decided by competent agencies or organizations, or through documents on the division, separation, merger, consolidation, or conversion of organizational models of economic organizations in compliance with the law, entitled to receive land use rights from legal entities that have undergone division, separation, merger, consolidation, or conversion.
Additionally, Article 28 of the Land Law 2024 also stipulates that domestic organizations and individuals may receive land use rights transfers as prescribed by law, irrespective of their place of residence or head office location, except as provided in Clause 8, Article 45, and Article 48 of the Land Law 2024. In areas restricted from land access, the receipt of land use rights as specified in Clauses 1 and 2 of Article 28 shall follow the procedures and processes stipulated by the government.
