The price of transferring land use rights in Vietnam to implement urban and commercial housing projects to be agreed by economic organizations and individuals?
- The price of transferring land use rights to be agreed by economic organizations and individuals in Vietnam?
- Can economic organizations receive the transfer agricultural land use rights in Vietnam?
- What are the rights and obligations of economic organizations which acquire land use rights or change land use purposes in Vietnam?
The price of transferring land use rights to be agreed by economic organizations and individuals in Vietnam?
Pursuant to subsection 2, Section IV of Resolution 18-NQ/TW in 2022, as follows:
"IV- MISSION, SOLUTION
...
2. Complete institutions and policies on land management and use in sync with the institutions for developing a socialist-oriented market economy
...2.3. Complete regulations on compensation, support, resettlement and land expropriation for defense and security purposes; socio-economic development for national and public interests
The land acquisition must comply with the Constitution and laws; only expropriated after the compensation, support and resettlement plan is approved. In case of land expropriation, resettlement must be arranged, the resettlement arrangement must be completed before the land is expropriated. The compensation, support and resettlement must be one step ahead, ensuring publicity, transparency and harmonization of the interests of the State, the person whose land is expropriated and the investor in accordance with the Constitution and the law. the law; there are specific regulations on compensation, support and resettlement so that after land is expropriated, people whose land is expropriated must have a place to live and ensure a life equal to or better than the old place. Effectively implement vocational training, create jobs, reorganize production, and stabilize life for people whose land is expropriated. Continue to pilot and soon summarize the policy of separating compensation, support and resettlement projects from investment projects for implementation first.
More specific regulations on authority, purpose, scope of land expropriation, specific conditions and criteria for land expropriation by the State for socio-economic development for national and public interests. Continue to implement the self-agreement mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects. To perfect the organization, apparatus, operation mechanism and financial mechanism of land fund development organizations, to ensure streamlined, efficient operation, and sufficient capacity to create, manage and exploit land funds. well perform the tasks of compensation, support and resettlement when the State recovers land.
Specifying the effective exploitation of the land fund adjacent to infrastructure works according to master plans, plans on land use and priority policies for people whose residential land has been expropriated to be allocated land or buy houses on the land. The expropriated land area has been expanded according to the provisions of law. For socio-economic development projects in accordance with master plans and plans on land use, it is necessary to soon develop and perfect mechanisms and policies so that organizations, households and individuals have the right to use land. land to participate with investors to implement projects in the form of transfer, lease, capital contribution with land use rights.
Regulations on the mechanism of land use right contribution and land adjustment for development projects, urban embellishment and rural residential areas. There are specific and synchronous sanctions to handle cases in which land has been allocated or leased by the State but has not been used or is used late. Resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially at locations with advantages and high profitability, and prevent loss of capital and assets."
Accordingly, in the coming time, it will continue to implement the self-agreement mechanism between people and businesses in the transfer of land use rights for construction and implementation of urban and commercial housing projects.
The price of transferring land use rights to implement urban and commercial housing projects to be agreed by economic organizations and individuals in Vietnam?
Can economic organizations receive the transfer agricultural land use rights in Vietnam?
Pursuant to Article 191 of the 2013 Land Law stipulating the cases of receiving the transfer or donation of land use rights as follows:
“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 acquire the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except in 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.”
Accordingly, economic organizations will not receive the transfer of the right to use land for rice cultivation, protection forest land, and special-use forest land of households and individuals, unless those types of land are converted to use purposes. land according to the master plan and land use plan.
What are the rights and obligations of economic organizations which acquire land use rights or change land use purposes in Vietnam?
Pursuant to Article 176 of the Land Law 2013 stipulates as follows:
“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 purposes 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.”
Accordingly, when receiving the transfer of land use rights, economic organizations will have the rights and obligations as prescribed above.
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