Who is the land-using household? Rights and obligations of land-using household in Vietnam

Who is the land-using household? Rights and obligations of land-using household in Vietnam (Source: Internet)

1. Who is the land-using household?

According to Clause 29, Article 3 of Vietnam's Land Law 2013, land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of:

- Being allocated land or leased land, or having land use rights recognized by the State;

- Or acquiring land use rights.

2. Rights and obligations of land-using households

According to Article 179 of Vietnam's Land Law 2013, the rights and obligations of land-using households are as follows:

(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:

- The general rights and obligations prescribed in Article 166 and Article 170 of Vietnam's Land Law 2013:

+ General rights of land users:

++ To be granted the certificate of land use rights, houses and other land-related assets ownership.

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

++ To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.

++ To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.

++ To be protected by the State against others’ infringements of their lawful rights and benefits related to land.

++ To receive compensation when land is expropriated by the State in accordance with this Law.

++ To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.

+ General obligations of land users

++ To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws.

++ To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.

++ To fulfill financial obligations in accordance with law.

++ To take measures to protect the land.

++ To comply with regulations on environmental protection and not to cause damage to the lawful benefits of related land users.

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

++ To return the land upon the State’s decision on land expropriation or at the expiry of the land use term without being permitted to extend the land use term.

- To exchange agricultural land use rights with other households and individuals within the same commune, ward or township;

- To transfer land use rights in accordance with law;

- To lease land use rights to other organizations, households, individuals or overseas Vietnamese investing in Vietnam;

- 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 are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Vietnam, 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;

- To donate land use rights to the State and to donate land use rights to households, individuals or overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Vietnam;

- 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;

- To contribute land use rights as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business;

- 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:

- The general rights and obligations prescribed in Article 166 and Article 170 of Vietnam's Land Law 2013;

- 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;

- 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;

- To lease their assets attached to the leased land in accordance with the civil law;

- 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;

- 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:

- 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 Item (1);

- In case of leasing or subleasing land with annual rental payment, they have the rights and obligations prescribed in Item (2);

(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 Item (3), have the rights and obligations prescribed in the civil law,

Quoc Dat

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