Can public land be used for economic purposes in Vietnam?

Can public land be used for economic purposes in Vietnam?

My name is Long, currently living in Lai Chau. I would like to ask if there is a plot of public land in my commune that has not been used yet and has no plans to use it. I would like to apply for permission to do agricultural production on it for economic purposes?

Answer: Pursuant to Clause 2 and Clause 3, Article 132 of the 2013 Land Law stipulates as follows:

2. The agricultural land fund for public purposes of a commune, ward or township shall be used for the following purposes:

a/ Construction of public facilities of the locality, including facilities for culture, physical training and sports, entertainment, recreation, health, education, markets, cemeteries, graveyards and other public facilities in accordance with regulations of the provincial-level People’s Committee;

b/ Compensation for people whose land is used for construction of public facilities as prescribed at Point a of this Clause;

c/ Construction of gratitude houses and charity houses.

3. The commune-level People’s Committee shall lease the land area which has not been used for the purposes specified in Clause 2 of this Article to households and individuals in the locality for the purposes of agriculture and aquaculture, through auctions of land lease. The land use term for each lease period must not exceed 5 years.

Rentals gained from the lease of land that is part of the agricultural land fund for public purposes must be paid to the state budget under management of the commune-level People’s Committee and may only be used for public needs of the commune, ward or township in accordance with law.

Thus, in the case that you provide, in case the public land in the locality does not have planning or public works projects, the Commune People's Committee will give it to households and individuals in the locality in method of renting for agricultural production in the form of auction for rent. Therefore, you can rent this public land for agricultural cultivation. However, the term for each lease must not exceed 5 years in Vietnam.

Can public land be used for economic purposes in Vietnam? (Image from the Internet)

Do cooperatives have right to sublease land use rights in case of being leased land by the State in Vietnam?

The cooperative's land is allocated by the state on the basis of land lease, with full one-off rental payment for the entire lease period. So, do cooperatives have the right to sublease to organizations or individuals and according to what regulations?

Answer: According to Clause 1, Article 3 of the 2012 Law on Cooperatives,  A cooperative is a collective economic organization with co-owners and legal entity status, established voluntarily by at least 7 members who cooperate with and assist one another in production, business or job creation activities to meet their common needs on the basis of autonomy, self-responsibility, equality and democracy in management of the cooperative.

Point b, Clause 2, Article 174 of the 2013 Land Law stipulates rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period as follows:

2. Economic organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State have the following rights:

b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State;

Pursuant to the above regulations in Vietnam, in case a cooperative is leased land by the State with full one-off rental payment for the entire lease period, it has the right to sublease that land use right.

When exercising the right to sublease land use rights, cooperatives should note that they must ensure the following conditions specified in Article 188 of the 2013 Land Law:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.

3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

Will conciliation of land disputes at the Commune People's Committee not be extended in Vietnam?

My name is Vu. I am currently having a land-related dispute with my uncle. Can I ask if the commune-level conciliation deadline is 45 days, but in special cases it can be extended for another 15 days, right? I don't remember which document stipulates?

Answer: Pursuant to Clause 3, Article 202 of the 2013 Land Law stipulates:

3. Commune-level People’s Committee chairpersons shall organize conciliation of land disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of land dispute.

Thus, according to the above basis, for conciliation at the Commune, there is no regulation on the time limit to be extended, i.e. within 45 days from the date of receipt of the request to resolve the land dispute in Vietnam. 

Best regards!