Chương 11 Luật đất đai 2013: Quyền và nghĩa vụ của người sử dụng đất

Chapter XI

RIGHTS AND OBLIGATIONS OF LAND USERS

Section 1. GENERAL PROVISIONS

Article 166. General rights of land users

1. To be granted the certificate of land use rights, houses and other land-related assets ownership.

2. To enjoy the results of the labor and investment on land.

3. To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.

4. To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.

5. To be protected by the State against others’ infringements of their lawful rights and benefits related to land.

6. To receive compensation when land is expropriated by the State in accordance with this Law.

7. To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.

Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.

2. A group of land users sharing land use rights have the following rights and obligations:

a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.

In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;

b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.

In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

Article 168. Time to exercise the rights of land users

1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

2. The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.

Article 169. Acquisition of land use rights

1. Acquisition of land use rights is prescribed as follows:

a/ Households and individuals may acquire agricultural land use rights through exchange of land use rights as prescribed at Point b, Clause 1, Article 179 of this Law;

b/ Economic organizations, households and individuals may acquire land use rights through receipt of transfer of land use rights, except the cases prescribed in Article 191 of this Law. Overseas Vietnamese may acquire land use rights through receipt of transfer of land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones. Foreign-invested enterprises may acquire investment capital which is the value of land use rights in accordance with the Government’s regulations;

c/ Organizations, households, individuals and communities may acquire land use rights through receipt of donation of land use rights as prescribed at Point c, Clause 2, Article 174, and Point e, Clause 1, Article 179, of this Law, except the case prescribed in Article 191 of this Law;

d/ Organizations, households, individuals and communities may acquire land use rights through receipt of inherited land use rights;

e/ Overseas Vietnamese who are eligible to own houses in Vietnam under the housing law may acquire land use rights through purchase, lease-purchase, inheritance or donation of houses associated with land use rights, or acquire land use rights in housing development projects;

f/ Economic organizations and joint ventures may acquire land use rights through receipt of contribution of land use rights as capital;

g/ Organizations, households, individuals, communities, religious institutions and overseas Vietnamese may acquire land use rights through land allocation by the State. Foreign-invested enterprises may acquire land use rights through land allocation by the State to carry out investment projects on construction of houses for sale or for a combination of sale and lease;

h/ Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises and foreign organizations with diplomatic functions may acquire land use rights through land lease by the State;

i/ Organizations, households, individuals, communities and religious institutions may acquire land use rights through the State’s recognition of the existing stable use of the land;

k/ Organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises may acquire land use rights through the successful conciliation of land disputes which is certified by a competent People’s Committee, the agreement in the mortgage contract to handle the debt, or the decision of a competent state agency on settlement of land disputes, complaints or denunciations, the decision or judgment of a People’s Court, the decision on judgment enforcement of the judgment enforcement agency which has been executed, the document recognizing the result of the auction of land use rights in accordance with law, or the document on splitting land use rights for households or groups sharing land use rights in accordance with law;

l/ Communities and religious institutions may acquire land use rights through the successful conciliation of land disputes which is certified by a competent People’s Committee, the decision of a competent state agency on settlement of land disputes, complaints or denunciations, the decision or judgment of a People’s Court, or the judgment enforcement decision of the judgment enforcement agency which has been executed;

m/ The organization which is a newly established legal entity through splitting or merger under the decision of a competent agency or organization or according to a lawful document on splitting or merger of economic organizations may acquire land use rights from the organizations which are split or merged legal entities.

2. Households and individuals may acquire land use rights, regardless of place of residence, except the cases prescribed in Clauses 3 and 4, Article 191, and Article 192 of this Law.

Article 170. General obligations of land users

1. To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws.

2. To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.

3. To fulfill financial obligations in accordance with law.

4. To take measures to protect the land.

5. To comply with regulations on environmental protection and not to cause damage to the lawful benefits of related land users.

6. To comply with the law on discovery of underground objects.

7. To return the land upon the State’s decision on land expropriation or at the expiry of the land use term without being permitted to extend the land use term.

Article 171. Limited use rights to the adjacent land parcel

1. The limited use rights to the adjacent land parcel include the right to access path, water supply and drainage, irrigation and drainage in cultivation, gas supply, power lines, communication and other reasonable needs on the adjacent land parcel.

2. The limited use rights to the adjacent land parcel shall be established in accordance with the civil law and must be registered under Article 95 of this Law.

Article 172. Right to choose method of land rental payment

1. Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises specified in Clause 1, Article 56 of this Law may choose between the form of annual rental payment or full one-off rental payment for the entire lease period.

2. Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises that are leasing land from the State with annual rental payment may change to the form of full one-off rental payment for the entire lease period. The specific land price used for determination of land rental must be re-determined in accordance with this Law at the time the decision on approval of the change to the form of full one-off rental payment for the entire lease period is issued.

Section 2. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING LAND

Article 173. Rights and obligations of organizations that are allocated land without land use levy by the State

1. Organizations to which the land is allocated by the State without land use levy have the rights and obligations prescribed in Articles 166 and 170 of this Law.

2. Organizations to which the land is allocated by the State without land use levy may not exchange, transfer, donate, lease land use rights; mortgage, contribute land use rights as capital, and are not entitled to compensation upon land expropriation by the State.

Article 174. Rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period

1. In addition to the rights and obligations prescribed in Clause 1 of this Article, economic organizations that are allocated land with land use levy or leased land with full one-off payment for the entire lease period by the State have the rights and obligations prescribed in Articles 166 and 170 of this Law.

2. Economic organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State have the following rights:

a/ To transfer land use lights and land-attached assets under their ownership;

b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State;

c/ To donate land use rights to the State and communities for construction of facilities for common public interests of the communities and donate land-attached gratitude houses in accordance with law;

d/ To mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam;

e/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations, individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law.

3. Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental does not originate from the state budget, have the rights and obligations prescribed in Clauses 1 and 2 of this Article. The exercise of the rights is subject to written approval by a competent state agency.

Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental originates from the state budget have the rights and obligations prescribed in Article 173 of this Law.

4. Organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State, but are entitled to exemption from or reduction of land use levy or land rental, have the following rights and obligations:

a/ If the organization is allocated or leased land by the State for implementation of projects on construction of and trading in houses and is entitled to exemption from or reduction of land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental;

b/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is allowed to pay a reduced land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental for the land type with similar land use purpose;

c/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is exempted from land use levy or land rental, it has the same rights and obligations as leasing land with annual rental payment for the land type with similar land use purpose.

Article 175. Rights and obligations of economic organizations and public non-business organizations using leased land with annual rental payment

1. Economic organizations or public non-business organizations using leased land from the State with annual rental payment have the following rights and obligations:

a/ General rights and obligations prescribed in Article 166 and Article 170 of this Law;

b/ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam;

c/ To sell their assets attached to the leased land upon the satisfaction of the conditions prescribed in Article 189 of this Law. The buyer of these assets may continue to be leased land for determined land use purpose by the State;

d / To contribute their assets attached to the leased land as capital. The recipient of these assets may continue to be leased land for determined land use purpose by the State;

e/ To sublease land use rights with annual rental payment for the land with completely constructed infrastructure in case they are permitted to invest in the construction and commercial operation of infrastructure in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones.

2. Economic organizations or public non-business organizations using land leased from organizations, households or individuals that are located outside industrial parks, industrial clusters or export processing zones have the rights and obligations prescribed in the civil law.

Article 176. Rights and obligations of economic organizations which acquire land use rights or change land use purposes

1. Economic organizations which acquire land use rights or change land use purpose have the general rights and obligations prescribed in Articles 166 and 170 of this Law.

2. Economic organizations acquiring the rights to use the land which originates from being allocated with land use levy or being leased with full one-off rental payment for the entire lease period by the State and the land use levy or land rental does not originate from the state budget have the rights and obligations prescribed in Clause 2, Article 174 of this Law.

3. Economic organizations acquiring the agricultural land use rights in accordance with law have the following rights and obligations:

a/ If they acquire land use rights without changing, the land use purpose, they have the rights and obligations prescribed in Clause 2, Article 174 of this Law;

b/ If they acquire land use rights and change the land use purpose and are eligible for being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 2, Article 174 of this Law;

c/ If they acquire land use rights and change the land use purpose and are eligible for being leased land with annual rental payment, they have the rights and obligations prescribed in Article 175 of this Law.

4. The rights and obligations of economic organizations which are approved by competent state agencies to change the land use purpose from land allocation without land use levy to land allocation with land use levy or to land lease are prescribed as follows:

a/ If the economic organization is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, it has the rights and obligations prescribed in Clause 2, Article 174 of this Law;

b/ If the economic organization is leased land with annual rental payment, it has the rights and obligations prescribed in Clause 1, Article 175 of this Law.

Article 177. Rights and obligations of economic organizations receiving land use rights as contributed capital; land use rights of economic organizations upon dissolution or bankruptcy

1. Economic organizations receiving land use rights as contributed capital from households, individuals or other economic organizations have the rights and obligations prescribed in Article 174 of this Law in the following cases:

a/ The land of economic organizations which contribute capital is the land allocated with land use levy or leased with full one-off rental payment for the entire lease period by the State, or obtained through acquisition of land use rights;

b/ The land contributed by households or individuals is not the land leased by the State with annual rental payment.

2. Land use rights of cooperatives upon dissolution or bankruptcy are prescribed as follows:

a/ The land allocated without land use levy or allocated with land use levy or leased by the State or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights originates from the state budget, shall be recovered by the State;

b/ The land allocated with land use levy, leased with foil one-off rental payment for the entire lease period by the State, or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights does not originate from the state budget; the land obtained through contribution of land use rights as capital from cooperative members, is not expropriated by the State. Land use rights belong to the cooperative and shall be settled in accordance with the charter of the cooperative and the resolution of the members’ meeting.

3. Land use rights of the economic organization which is an enterprise, upon its dissolution or bankruptcy, shall be settled in accordance with law.

Article 178. Rights and obligations of economic organizations that are leased land for construction of underground facilities

Economic organizations that are leased land by the State to invest in the construction of underground facilities have the following rights and obligations:

1. If the land is leased with full one-off rental payment for the entire lease period, they have the same rights and obligations as economic organizations prescribed in Clauses 1, 2 and 4, Article 174 of this Law;

2. If the land is leased with annual rental payment, they have the same rights and obligations as economic organizations prescribed in Clause 1, Article 175 of this Law.

Section 3. RIGHTS AND OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND

Article 179. Rights and obligations of households and individuals using land

1. 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:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;

b/ To exchange agricultural land use rights with other households and individuals within the same commune, ward or township;

c/ To transfer land use rights in accordance with law;

d/ To lease land use rights to other organizations, households, individuals or overseas Vietnamese investing in Vietnam;

e/ 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 this Law, he/she is entitled to inherit land use rights. Otherwise, he/she is only entitled to receive the value of the inherited land use rights;

e/ To donate land use rights under Point c, Clause 2, Article 174 of this 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 this Law;

g/ 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;

h/ To contribute land use rights as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business;

i/ 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.

2. Households or individuals that are leased land by the State with annual rental payment have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;

b/ 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;

c/ 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;

d/ To lease their assets attached to the leased land in accordance with the civil law;

e/ 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;

f/ 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

3. Households or individuals that sublease land in industrial parks, industrial clusters or export processing zones have the following rights and obligations:

a/ 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;

b/ In case of leasing or subleasing land with annual rental payment, they have the rights and obligations prescribed in Clause 2 of this Article.

4. 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.

5. 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,

Article 180. 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

1. 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 this Law.

2. 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:

a/ 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 this Law;

b/ 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 this Law.

Article 181. Rights and obligations of religious institutions and communities using land

1. Religious institutions and communities using land have the general rights and obligations prescribed in Articles 166 and 170 of this Law.

2. 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.

Section 4. RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH DIPLOMATIC FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND

Article 182. Rights and obligations of foreign organizations with diplomatic functions

1. Foreign organizations with diplomatic functions using land in Vietnam have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;

b/ To construct facilities on land in accordance with the licenses granted by competent state agencies of Vietnam;

c/ To own the facilities on the leased land constructed by their own within the lease term.

2. In case there are different provisions in treaties to which the Socialist Republic of Vietnam is a contracting party, foreign organizations with diplomatic functions have the rights and obligations as provided in those treaties.

Article 183. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land for implementation of investment projects in Vietnam

1. Overseas Vietnamese investing in Vietnam who are allocated land with land use levy by the Vietnamese State have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;

b/ The rights and obligations prescribed in Clause 2, Article 174 of this Law.

2. Overseas Vietnamese and foreign-invested enterprises that are leased land with annual rental payment from the Vietnamese State have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;

b/ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, and to contribute as capital their assets attached to the leased land. The recipient of the capital contribution may lease land from the State for the determined purpose for the remaining lease term;

c/ To sell their assets attached to the leased land upon fulfillment of the requirements prescribed in Article 189 of this Law;

d/ To lease houses if they are permitted to invest in the construction of and trading in houses.

3. Overseas Vietnamese or foreign-invested enterprises that lease land from the State with full one-off rental payment for the entire lease period and foreign-invested enterprises that are allocated land with land use levy to implement projects have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;

b/ To transfer land use rights and land-attached assets under their ownership during the land use term;

c/ To lease and sublease land use rights and land-attached assets under their ownership within the land use term;

d/ To mortgage land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam within the land use term;

e/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business within the land use term.

4. Foreign-invested enterprises using land formed through the purchase of shares of Vietnamese enterprises have the following rights and obligations:

a/ In case the foreign-invested enterprise formed through the purchase of shares of Vietnamese enterprises is a wholly foreign-invested enterprise or a foreign-invested enterprise in which the foreign investor is the dominant shareholder in accordance with the law on enterprises, that foreign-invested enterprise has the rights and obligations prescribed in Clauses 2 and 3 of this Article corresponding to the form of payment of land use levy or land rental;

b/ In case the foreign-invested enterprise formed through the purchase of shares of Vietnamese enterprises is an enterprise in which the Vietnamese party is the dominant shareholder in accordance with the law on enterprises, that foreign-invested enterprise has the rights and obligations as economic organizations as prescribed in Articles 174 and 175 of this Law.

5. For overseas Vietnamese or foreign-invested enterprises that use land to implement investment projects in Vietnam and are allocated or leased with full one-off rental payment for the entire lease period by the State and are exempted from land use levy or land rental or allowed to pay a reduced one, they have the rights and obligations prescribed in Clause 4, Article 174 of this Law.

Article 184. Rights and obligations of joint ventures using land through receipt of land use rights as capital and wholly foreign-invested enterprises which are converted from joint ventures

1. Joint ventures between foreign organizations, foreign individuals or overseas Vietnamese and economic organizations in which the economic organizations contribute land use rights as capital, have the rights and obligations prescribed in Article 174 of this Law in the following cases:

a/ The land of which land use rights are contributed by the economic organizations is land allocated with land use levy or leased with full one-off rental payment for the entire lease period by the State, and the paid amount of land use levy or land rental does not originate from the state budget;

b/ The land of which land use rights is contributed by the economic organizations through acquisition of land use rights is not the land leased by the State with annual rental payment, and the paid amount for the acquisition of land use rights does not originate from the state budget.

2. In case a state enterprise leases land from the State before July 1, 2004, and is entitled to contribute the value of land use rights as allocated from the state budget, not as a recorded debt, and does not have to pay land rental in accordance with the land law, as capital to establish a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescribed in Article 174 of this Law. The value of land use rights is considered the State’s capital contributed to the joint venture.

3. In case an overseas Vietnamese who is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State contributes the value of land use rights in the capacity as a domestic economic organization as capital to a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescribed in Article 174 of this Law.

4. If a joint venture in which the Vietnamese party contributes land use rights as capital is converted into a wholly foreign-invested enterprise, it has the following rights and obligations:

a/ The rights and obligations prescribed in Clause 2, Article 183 of this Law, for the case in which the contributed land use rights are not used for implementing investment projects on houses for sale and the wholly foreign-invested enterprise is leased land by the State with annual rental payment under Clause 1, Article 56 of this Law;

b/ The rights and obligations prescribed in Clause 3, Article 183 of this Law, for the case in which the contributed land use rights are not used for implementing investment projects on houses for sale and the wholly foreign-invested enterprise is leased land by the State with full one-off rental payment for the entire lease period under Clause 1, Article 56 of this Law;

c/ The rights and obligations prescribed in Clause 3, Article 183 of this Law, for the case in which the contributed land use rights are used for implementing projects on houses for sale and the wholly foreign-invested enterprise is allocated land by the State under Clause 3, Article 55 of this Law.

Article 185. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones

1. Overseas Vietnamese may acquire land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, and have the rights and obligations prescribed in Article 174 of this Law.

2. Overseas Vietnamese or foreign-invested enterprises leasing or subleasing land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones have the following rights and obligations:

a/ In case of making full one-off rental payment for the land lease or sublease for the whole lease or sublease period, they have the rights and obligations prescribed in Article 174 of this Law;

b/ In case of making annual rental payment, they have the rights and obligations prescribed in Article 175 of this Law.

Article 186. Rights and obligations related to land use of overseas Vietnamese who are eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Vietnam

1. Overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Vietnam.

2. Overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;

b/ To transfer land use rights when selling, donating, bequeathing, exchanging houses with domestic organizations or individuals, overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential land use rights to the State, communities or donate houses of gratitude as prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating or bequeathing to people who are ineligible to own houses in Vietnam, such people may only to receive the value of houses associated with residential land use rights;

c/ To mortgage houses associated with residential land use rights at credit institutions which are licensed to operate in Vietnam;

d/ To lease, and authorize the management of, houses when unused.

3. If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:

a/ In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;

b/ In case of donating land use rights, the people to receive land use rights must be the subjects specified at Point e, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment;

c/ In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book.

4. In case there is an overseas Vietnamese who is ineligible to buy a house associated with residential land use rights in Vietnam among the heirs while others are eligible to inherit land use rights in accordance with the land law and the inherited land use rights have not been divided, the heirs or their representatives with lawful documents on authorization, shall submit dossiers on the inheritance to the land registration agency in order to update on the cadastral book.

Once the inheritance is made, the certificates of land use rights and ownership of houses and other land-attached assets are granted to those who are eligible for being granted such certificate.

Regarding the overseas Vietnamese who is ineligible to buy houses associated with residential land use rights in Vietnam, his/her inherited part shall be dealt with in accordance with Clause 3 of this Article.

5. In the cases specified at Point c, Clause 3, and in Clause 4 of this Article, the heirs may authorize in writing other persons to take care or use land temporarily and perform the obligations in accordance with the land law and other relevant laws.

Article 187. Rights and obligations of overseas Vietnamese and foreign-invested enterprises leasing land for construction of underground facilities

Overseas Vietnamese or foreign-invested enterprises investing in the construction of underground facilities and leasing land from the State have the following rights and obligations:

1. In case of leasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clauses 3 and 5, Article 183 of this Law.

2. In case of leasing land with annual rental payment, they have the rights and obligations prescribed in Clauses 2 and 5, Article 183 of this Law.

Section 5. CONDITIONS FOR THE EXERCISE OF RIGHTS OF LAND USERS

Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.

3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

Article 189. Conditions for selling and buying assets attached to land which is leased by the State with annual rental payment

1. Economic organizations, households, individuals, overseas Vietnamese and foreign- invested enterprises may sell assets attached to leased land when fully meeting die following conditions:

a/ The assets attached to leased land are legally established in accordance with law;

b/ The construction has been completed in accordance with the detailed construction master plan and approved investment project.

2. The buyer of assets attached to leased land must ensure the following conditions:

a/ Having financial capacity to implement investment projects;

b/ Having business lines relevant to investment projects;

c/ Not violating the land law when being allocated or leased land from the State to implement the previous projects.

3. The buyers of assets may continue leasing land from the State within the remaining land use term according to specific land price and for the purposes determined in the project documents.

4. The case of leasing land to implement projects on construction and commercial operation of infrastructure is prescribed in Article 194 of this Law.

Article 190. Conditions for exchanging agricultural land use rights

Households and individuals using agricultural land which is allocated by the State or obtained through exchange, acquisition of land use rights, inheritance, donation of lawful land use rights from other land users, may only exchange these agricultural land use rights to other households and individuals in the same commune, ward or township to facilitate agricultural production, and do not have to pay income tax incurred from the exchange of land use rights and registration fee.

Article 191. Cases in which acquisition or donation of land use rights is not allowed

1. Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.

2. Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.

3. Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

4. Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.

Article 192. Cases in which households and individuals may transfer or donate land use rights under certain conditions

1. Households and individuals living in the strictly protected zones or ecological rehabilitation zones in special-use forests and are not able to move out of these areas may only transfer or donate the rights to use residential land or forest land in combination with agricultural, forestry and aquaculture production purposes to households and individuals living in these areas.

2. Households and individuals that are allocated residential land or agricultural land in protection forests by the State may only transfer or donate the rights to use residential or agricultural land to households and individuals living in these areas.

3. Households and individuals of ethnic minorities using allocated land under the support policies of the State may transfer or donate land use rights after 10 years from the date of issuance of the decisions on land allocation in accordance with the Government’s regulations.

Article 193. Conditions for receiving the transfer or contribution as capital of, or leasing, agricultural land use rights to carry out investment projects on non-agricultural production and business

Economic organizations, households and individuals may receive the transfer or contribution as capital of, or lease, agricultural land use rights to carry out investment projects on non-agricultural production and business when fully meeting the following conditions:

1. Economic organizations may receive the transfer or contribution as capital of, or lease, agricultural land use rights to carry out investment projects upon receiving written approval from a competent state agency.

2. The use purpose for the land area of which land use rights are acquired, contributed as capital or leased must be consistent with the land use master plan and plans approved by competent state agencies.

3. For land used exclusively for wet rice cultivation, the provisions of Clause 3, Article 134 of this Law shall apply.

Article 194. Conditions for transferring land use rights in implementation of investment projects on construction of and trading in houses; investment projects on construction of infrastructure for transfer of lease

1. The transfer of land use rights in investment projects on construction of and trading in houses must be conducted in accordance with the following provisions:

a/ The provincial-level People’s Committee may, based on the Government’s regulations on conditions and types of urban centers, permit investors of projects on construction of and trading in houses to transfer land use rights in the form of dividing land parcels upon completion of the infrastructure construction and fulfillment of financial obligations related to land;

b/ For investment projects on construction of and trading in houses, the transfer of land use rights together with the transfer of the whole or part of the project may be conducted upon receipt of the certificate. Those who acquire land use rights shall implement investment projects in accordance with the approved schedule.

2. The transfer of land use rights together with the transfer of the whole project on construction of infrastructure for transfer or lease must meet the following conditions:

a/ Satisfaction of all conditions specified in Clause 1, Article 188 of this Law;

b/ The technical infrastructure facilities must be completely constructed in accordance with the schedule stated in the approved project document.

3. The Government shall detail this Article.