Who is the land user? Who is responsible before the State for land use in Vietnam?
Vietnam: Who is the land user?
Pursuant to Article 5 of the Land Law 2013, land users may be allocated land or leased land, have land use rights recognized by the State, or acquire land use rights in accordance with this Law, including:
(1) Domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations).
(2) Domestic households or individuals (below referred collectively to as households or individuals).
(3) Communities, including Vietnamese communities residing in the same village, street quarter or similar residential area sharing the same customs and practices or the same family line.
(4) Religious institutions, including pagodas, churches, oratories, chancels, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious institutions.
(5) Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.
(6) Overseas Vietnamese as prescribed by the nationality law.
(7) Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.
Thus, land users will include the 7 groups mentioned above.
Who is the land user? Who is responsible before the State for land use in Vietnam? (Image from the Internet)
Who is responsible before the State for land use in Vietnam?
Pursuant to Article 7 of the Land Law 2013, regulations on persons taking responsibility before the State for land use are as follows:
- The head of an organization, a foreign organization with diplomatic functions, or a foreign- invested enterprise, is responsible for the land use by his/her organization.
- The chairperson of the People’s Committee of a commune, ward or township is responsible for the use of agricultural land for public purposes; the use of non-agricultural land which is allocated to the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) for the purpose of construction of the People’s Committee offices, public facilities used for culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality.
- The representative of a community who is the head of a village or street quarter, or the person appointed by a community, is responsible for the use of the allocated or recognized land of the community.
- The head of a religious institution is responsible for the use of land allocated to the religious institution.
- The head of a household is responsible for the land use by the household.
- Individuals and overseas Vietnamese are responsible for the use of their own land.
- The person who shares, or represents a group sharing, land use rights, is responsible for the use of that land.
What are the rights and obligations of households and individuals using land in Vietnam?
Based on the provisions in Article 179 of the Land Law 2013, it is stipulated as follows:
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,
Thus, the rights and obligations of households and individuals using land are implemented according to the provisions mentioned above.
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