Chương 4 Nghị định 85-CP: Quyền và nghĩa vụ của tổ chức trong nước được nhà nước cho thuê đất

Chapter IV

RIGHTS AND OBLIGATIONS OF DOMESTIC ORGANIZATIONS WITH LAND LEASED BY THE STATE

Article 13.- Domestic economic organizations with land leased by the State shall have the right:

1. To mortgage within the land lease term the value of the land use right attached to the properties under their ownership on that land at Vietnamese banks to borrow capital for production and business development as prescribed by law. The value of the land use right mentioned in Item 1 of this Article shall be the land rent already paid by those organizations to the State.

2. State enterprises, enterprises of political and social organizations, defense and security enterprises shall, within the land lease term, be entitled to contribute the value of the land use right as their capital to joint ventures with domestic and foreign organizations and/or individuals under the investment projects already ratified by the competent State agency. The value of the land use right to be contributed to the joint venture shall be the land lease price agreed upon by the parties for the whole duration of the joint venture.

3. If the properties attached to the leased land are allowed by the competent State agency to be transferred, the properties receiving party shall be entitled to continue to rent the land in accordance with the provisions of law.

4. To sub-lease the land use right attached to the infrastructures in export processing zones or industrial parks as provided for in Chapter VI of this Decree.

5. To be given priority to re-rent the land when the lease term expires if they so request.

Article 14.- Economic organizations with land leased by the State shall have the obligations:

1. To use the land for the right purpose;

2. To pay the land rent in full and on schedule as provided for;

3. No to be allowed to re-assign or transfer the leased land use right;

4. Not to be allowed to sub-lease the land, except for cases stipulated in Clause 3, Article 11 and Clause 4, Article 13 of this Decree;

5. Not to despoil the land; to observe the provisions of law on the planning, architecture and landscape of surrounding environment of the area. If the land is leased for infrastructure construction, such infrastructures must be maintained for the whole land lease term;

6. To submit to land recovery decisions issued by the competent State agency;

7. To return land to the State upon the expiry of the land lease term. If the land is leased for investment in infrastructure construction and business, upon the completion of the investment project, the leased land and the infrastructures thereon must be returned to the State without compensation.