Application Form for Land Lease 2024: Who Are the Land Users?
Latest Land Lease Application Form in 2024? Who Are the Land Users?
Who are included in the category of land users? Vietnamese expatriates residing abroad, who are leased land by the State to implement investment projects in Vietnam, have what rights and obligations?Newest Land Lease Application Form in 2024?
Based on Form No. 02b Appendix issued together with Decree 102/2024/ND-CP, the land lease application form is prescribed as follows:
Download the newest land lease application form for 2024.
Newest land lease application form in 2024? Who are the land users? (Image from the Internet)
Rights and obligations of overseas Vietnamese who are leased land by the State to implement investment projects in Vietnam?
Based on Article 41 Land Law 2024, the rights and obligations of overseas Vietnamese, and foreign-invested economic organizations using land to implement investment projects in Vietnam are regulated as follows:
Article 41. Rights and obligations of overseas Vietnamese, foreign-invested economic organizations using land to implement investment projects in Vietnam
- Overseas Vietnamese investing in Vietnam, who are allocated land by the State with land levy, have the rights and obligations as prescribed in Clause 1, Article 33 of this Law.
a) General rights and obligations prescribed in Article 26 and Article 31 of this Law;
b) Mortgage assets under their ownership attached to the land at permitted credit institutions operating in Vietnam;
c) Contributing capital with assets under their ownership attached to the land within the lease term; the party receiving capital contribution with assets continues to lease land from the State for the specified purpose within the remaining term;
d) Selling assets under their ownership attached to the land, selling assets under their ownership attached to the land and lease rights in the land lease contract when meeting conditions specified in Article 46 of this Law. The buyer of assets attached to the land and lease rights in the land lease contract continues to lease land for the determined purpose and remaining land use term, having the rights and obligations of land users as prescribed by this Law and relevant laws;
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Thus, overseas Vietnamese who are leased land by the State with annual land rent to implement investment projects in Vietnam have the following rights and obligations:
- Granted Land Use Rights Certificate, ownership rights over assets attached to the land when meeting the legal requirements.
- Enjoy labor results, investment outcomes on the legally used land.
- Enjoy benefits when the State invests in protecting, improving, and developing agricultural land.
- Guided and assisted by the State in improving, restoring agricultural land.
- Protected by the State when others infringe upon their legal land rights and interests.
- Right to change land use purposes as prescribed.
- Compensated, supported, resettled when the State retrieves land as prescribed.
- Complaining, denouncing, suing against acts violating their legal land use rights and other acts violating land laws.
- Using land for the correct purpose, within the boundaries of the parcel, complying with the depth in the ground and height in the air, protecting public works in the underground, and adhering to other relevant legal regulations.
- Declaring land registration; completing all procedures when transferring, leasing, subleasing, inheriting, gifting land use rights, mortgaging, contributing capital with land use rights as prescribed by law.
- Fulfilling financial obligations regarding land as per the law.
- Implementing land protection measures; handling, improving, and restoring polluted, degraded land caused by themselves.
- Complying with environmental protection regulations, not harming the assets and legal interests of related land users.
- Complying with legal regulations on discovering underground objects.
- Handing over land when the State decides to retrieve land as per legal regulations.
- Mortgaging assets under their ownership attached to the land at permitted credit institutions operating in Vietnam.
- Contributing capital with assets under their ownership attached to the land within the lease term; the capital recipient is allowed to continue leasing land from the State for the specified purpose within the remaining term.
- Selling assets under their ownership attached to the land, selling assets under their ownership attached to the land and lease rights in the land lease contract when meeting conditions.
The buyer of assets attached to the land and lease rights in the land lease contract continues to lease land for the specified purpose and remaining land use term, having the rights and obligations of land users as prescribed.
- Leasing assets under their ownership attached to the land and lease rights in the land lease contract.
- Subleasing land use rights with annual land rent payment for land with completed infrastructure construction if allowed to invest in infrastructure construction business in industrial zones, industrial clusters, high-tech zones; sub-lessees must use the land for the correct purpose and fulfill financial obligations as prescribed.
Who are the land users?
Based on Article 4 Land Law 2024, land users are those who are allocated land, leased land, recognized with land use rights by the State; are currently using land stably and are eligible for Land Use Rights Certificate issuance, including:
- Domestic organizations, comprising:
+ State agencies, Communist Party of Vietnam agencies, people's armed forces units, Vietnam Fatherland Front, political - social organizations, political - social - professional organizations, social organizations, social - professional organizations, public service providers, and other organizations as prescribed by law.
+ Economic organizations, except those with foreign investment.
- Religious organizations, direct religious sub-organizations.
- Domestic individuals, overseas Vietnamese citizens.
- Residential communities.
- Foreign organizations with diplomatic functions, including diplomatic representative agencies, consular agencies, other foreign agencies with diplomatic functions recognized by the Government of Vietnam; representative agencies of United Nations organizations, intergovernmental organizations, representative agencies of intergovernmental organizations.
- Overseas Vietnamese.
- Foreign-invested economic organizations.
