Chương XXXII Bộ luật Dân sự 2005: Hợp đồng góp vốn bằng giá trị quyền sử dụng đất

Chapter XXXII

CONTRACTS FOR CAPITAL CONTRIBUTION WITH LAND USE RIGHT VALUE

Article 727.- Contracts for capital contribution with the land use right value

A contract for capital contribution with the land use right value is an agreement between the parties whereby the land user (hereinafter referred to as the capital contributor) contributes his/her capital with the land use right value for production and/or business cooperation with other individuals, legal persons, family households and/or other subjects under the provisions of this Code and the land law.

Article 728.- Contents of the contracts for capital contribution with the land use right value

A contract for capital contribution with the land use right value shall contain the following contents:

1. Names and addresses of the parties;

2. Rights and obligations of the parties;

3. The land category, grade, acreage, location, code number, boundary and conditions;

4. The remaining land use duration of the capital contributor;

5. The time limit for capital contribution;

6. The land use right value contributed as capital;

7. A third party's rights to the land contributed as capital;

8. The parties' liabilities for breach of the contract.

Article 729.- Obligations of parties contributing capital with the land use right value

A party contributing capital with the land use right value shall have the following obligations:

1. To transfer the land in strict accordance with the time limit, the land acreage, grade, category, location, code number and conditions as agreed upon in the contract;

2. To register the land use rights at a competent state agency as provided for by the land law.

Article 730.- Rights of parties contributing capital with the land use right value

A party contributing capital with the land use right value shall have the following rights:

1. To enjoy profits according to the proportion of capital contribution with the land use right value;

2. To assign, bequeath the capital portion contributed with the land use right value, unless otherwise agreed upon or provided for by law;

3. To receive back the land use rights contributed as capital as agreed upon or upon the expiration of the capital contribution time limit;

4. To cancel the contract and demand compensation for damage if the party receiving the contributed capital fails to pay the profits on time or fails to make full payment thereof.

Article 731.- Obligations of parties receiving capital contributed with the land use right value

A party receiving capital contributed with the land use right value shall have the following obligations:

1. To pay profit portion to the party contributing capital with the land use right value on time and by the mode agreed upon in the contract;

2. To ensure a third party's rights to the land contributed as capital;

3. To fulfill other obligations provided for by the land law.

Article 732.- Rights of parties receiving capital contributed with the land use right value

A party receiving capital contributed with the land use right value shall have the following rights:

1. To request the party contributing capital with the land use right value to transfer the land in strict accordance with the time limit, the land acreage, grade, category, location, code number and conditions as agreed upon in the contract;

2. To use the land for the right purposes and within the agreed time limit;

3. To be granted a land use right certificate in cases where the contributed capital-receiving party is a legal person, except for cases of capital contribution in business cooperation contracts.