08:22 | 14/09/2024

According to the Land Law 2024, business organizations using land leased out by the State with annual land rent payments in Vietnam are not entitled to which right?

According to the Land Law 2024, business organizations using land leased out by the State with annual land rent payments in Vietnam are not entitled to which right?

According to the Land Law 2024, business organizations using land leased out by the State with annual land rent payments in Vietnam are not entitled to which right?

Based on Article 34 of the Land Law 2024, the rights and obligations of business organizations, public service providers, religious organizations, and affiliated religious organizations using land leased by the State with annual land rent payments are stipulated as follows:

Business organizations, religious organizations, and affiliated religious organizations leased land by the State with annual land rent payments have the following rights and obligations:

(1) General Rights and Obligations:

(i) General Rights of Land Users

+ To be granted a Certificate of land use rights, ownership rights of assets attached to land when meeting the conditions prescribed by the land law.

+ To enjoy the results of labor and investment on legally used land.

+ To benefit from State investments in protecting, improving, and developing agricultural land.

+ To be guided and assisted by the State in the improvement and restoration of agricultural land.

+ To be protected by the State when others infringe on legal rights and interests in land.

+ To have the right to convert land use purposes.

+ To be compensated, supported, and resettled when the State recovers land.

+ To lodge complaints, denunciations, and lawsuits against acts violating their lawful rights to use land and other acts violating land law.

(ii) General Obligations of Land Users

+ To use land for the correct purposes, within the boundaries of the parcel, conform to regulations on underground and aerial usage, protect public works underground, and comply with other related laws.

+ To declare land registration; complete all formalities when transferring, mortgaging, leasing, subletting, inheriting, gifting land use rights, or contributing land use rights as capital according to laws.

+ To fulfill financial obligations related to land according to the law.

+ To take measures to protect and improve the land; to treat, improve, and restore polluted or degraded land caused by their activities.

+ To comply with regulations on environmental protection, not harm the legitimate interests and assets of related land users.

+ To comply with the law regarding the discovery of objects underground.

+ To hand over land when the State decides to recover it as per laws.

(2) To mortgage assets owned by the organization attached to the land at credit institutions licensed to operate in Vietnam, other business organizations, or individuals in accordance with the law;

(3) To sell assets owned by the organization attached to the land, to sell assets owned by the organization attached to the land and the lease rights in the land lease contract when the conditions set out in Article 46 of this Law are met. The buyer of the assets attached to the land and the lease rights in the land lease contract shall continue to lease the land for the determined purposes and the remaining land use duration, and inherit the rights and obligations of the land user in accordance with this Law and other relevant laws;

(4) To contribute capital with assets owned by the organization attached to the land within the land lease term; the capital recipient is allowed to lease the land by the State for the determined purposes for the remaining term;

(5) To lease assets owned by the organization attached to the land and lease rights in the land lease contract;

(6) To sublease land use rights, in the form of annual land rent payment, for completed infrastructure areas in case the organization is allowed to invest in infrastructure business in industrial zones, industrial clusters, and high-tech zones; the sub-lessee must use the land for the intended purpose and fulfill financial obligations according to the law.

The above rights and obligations apply to business organizations, public service providers, religious organizations, and affiliated religious organizations using land leased by the State with annual land rent payments.

Thus, contributing capital with land use rights within the land lease term is one of the unenforceable rights for business organizations leased land by the State with annual land rent payments under the Land Law 2024.

According to the Land Law 2024, which rights are not exercisable by economic organizations that are leased land by the State with annual land rent payment?

According to the Land Law 2024, business organizations using land leased out by the State with annual land rent payments in Vietnam are not entitled to which right?​ (Image from the Internet)

What are the bases for calculating a land levy in Vietnam?

According to Clause 1, Article 155 of the Land Law 2024 on calculating land levy, land rent; time of land valuation, time of calculating land levy, land rent

Bases for calculating land levy include:

- The area of land allocated, converted land use purpose, recognized land use rights;

- Land price as stipulated in Articles 159 and 160 of the Land Law 2024; in case of auctioning land use rights, the land price is the successful auction price;

- State policies on land levy exemption and reduction.

Bases for calculating land rent include:

- The leased land area;

- The land lease term, lease extension term;

- Land rent rate; in the case of auctioning land lease rights, the land rent is the successful auction price;

- The form of State leasing land with annual land rent payments or one-time rent payment for the entire lease period;

- State policies on land rent exemption and reduction.

What are the responsibilities for organization of development of land use planning and plans in Vietnam?

Based on Article 69 of the Land Law 2024, the responsibilities for organization of development of land use planning and plans in Vietnam are stipulated as follows:

- The Government of Vietnam organizes national land use planning and plans.

The Ministry of Natural Resources and Environment is responsible for assisting the Government of Vietnam in organizing national land use planning and plans.

- The provincial People's Committee organizes provincial land use planning and plans.

The provincial land management authority is responsible for assisting the provincial People's Committee in organizing provincial land use planning and plans.

- The district-level People's Committee organizes district land use planning and annual district land use plans.

The district land management authority is responsible for assisting the district-level People's Committee in organizing district land use planning and annual district land use plans.

- Land use planning is approved in the first year of the planning period.

- Land use planning and plans in coastal localities must include coastal reclamation areas.

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