Chương III Luật kinh doanh bất động sản 2006: Kinh doanh quyền sử dụng đất

Chapter III

DEALING IN LAND USE RIGHTS

Article 38.- Investment in the creation of infrastructure-associated land funds for transfer or lease

1. Organizations and individuals dealing in real estate may invest in the creation of infrastructure-associated land funds for transfer or lease in the following forms:

a/ Investment in land reclamation and construction of infrastructures for transfer or lease of infrastructure-associated land;

b/ Investment in infrastructures on transferred land for transfer or lease of infrastructure-associated land.

c/ Investment in infrastructures on the leased land for the lease of infrastructure-associated land.

2. The investment in the creation of infrastructure-associated land funds for transfer or lease must be compatible with land use plannings and plans, construction plannings and relevant laws.

Article 39.- Transfer, lease of land use rights

1. Land use rights shall be transferred or leased only when the conditions specified in Clause 2, Article 7 of this Law are satisfied.

2. The transfer or lease of land use rights shall be effected in one of the following forms:

a/ Agreement between involved parties;

b/ Auction of land use rights.

3. The transfer or lease of land use rights must be conducted on the basis of contracts according to the provisions of this Law and relevant provisions of law.

Article 40.- Rights and obligations of the land use right transferor

1. A land use right transferor has the following rights:

a/ To request the transferee to pay money according to the payment time limit and mode agreed upon in the contract;

b/ To request the transferee to receive land strictly according to the time limit agreed upon in the contract;

c/ To request the transferee to pay compensation for damage incurred by the transferee's faults;

d/ To unilaterally terminate or revoke the contract when the transferee breaches the conditions for unilateral termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law;

e/ Other rights as provided for by law.

2. A land use right transferor has the following obligations:

a/ To supply sufficient and truthful information on land use rights and take responsibility for that information;

b/ To assign land to the transferee in strict compliance with the contractual agreements;

c/ To carry out procedures and hand over papers on land use rights to the transferee;

d/ To pay compensation for damage incurred by its fault;

e/ To fulfill tax obligation and other financial obligations under the provisions of law;

f/ Other obligations as provided for by law.

Article 41.- Rights and obligations of the land use right transferee

1. A land use right transferee has the following rights:

a/ To request the transferor to supply sufficient and truthful information on the transferred land use rights and take responsibility for information supplied by the transferor;

b/ To request the transferor to carry out procedures and hand over papers on land use rights;

c/ To request the land use right transferor to hand over the land with proper area, land grade and category, location and code number of the land lot as well as the land conditions and according to other contractual agreements;

d/ To unilaterally terminate or revoke the contract when the transferor breaches conditions for termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law;

e/ To request the transferor to pay compensation for damage incurred by the transferor's faults;

f/ Other rights as provided for by law.

2. A land use right transferee has the following obligations:

a/ To exploit and use land for proper purposes, according to the land use planning and plan, investment project and contractual agreements;

b/ To make payment to the transferor strictly according to the payment time limit and mode agreed upon in the contract;

c/ To pay compensation for damage incurred by its fault;

d/ Other obligations as provided for by law.

Article 42.- Rights and obligations of the land use right lessor

1. A land use right lessor has the following rights:

a/ To request the lessee to exploit and use land for proper purposes, according to the land use planning and plan, the investment project and contractual agreements;

b/ To request the lessee to pay rent according to the time limit and mode agreed upon in the contract;

c/ To request the lessee to return land at the end of the lease term under the lease contract;

d/ To unilaterally terminate or revoke the contract when the lessee breaches the conditions for termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law;

e/ To request the lessee to pay compensation for damage incurred by the lessee's faults;

f/ Other rights as provided for by law.

2. A land use right lessor has the following obligations:

a/ To supply sufficient and truthful information on land use rights and take responsibility for that information;

b/ To hand over land to the lessee strictly according to agreements in the contract;

c/ To inspect and request the lessee to protect and maintain land and use it for proper purposes;

d/ To pay compensation for damage incurred by its fault;

e/ To fulfill tax obligation and other financial obligations in accordance with the provisions of law;

f/ Other obligations as provided for by law.

Article 43.- Rights and obligations of the land use right lessee

1. A land use right lessee has the following rights:

a/ To request the lessor to supply sufficient and truthful information on land use rights subject for lease and take responsibility for information supplied by the lessor;

b/ To request the lessor to hand over land with proper land area, land grade and category, position and code number of the land lot, the land conditions and strictly according to other contractual agreements;

c/ To exploit and use the leased land and enjoy labor fruits and investment results on the leased land within the set term and according to contractual agreements;

d/ To request the lessor to reduce or exempt rent in force majeure circumstances;

e/ To unilaterally terminate or revoke the contract when the lessor breaches the conditions for termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law;

f/ To request the lessor to pay compensation for damage incurred by the lessor's faults;

g/ Other rights as provided for by law.

2. A land use right lessee has the following obligations:

a/ To exploit and use land for proper purposes, according to the land use planning and plan, the investment project and contractual agreements;

b/ To pay rent to the lessor strictly according to the payment time limit and mode agreed upon in the contract;

c/ To preserve and protect land from being destroyed;

d/ To return the leased land at the end of the lease term;

e/ To pay compensation for damage incurred by its fault;

f/ Other obligations as provided for by law.

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