From January 1, 2025, will overseas Vietnamese be allowed to expand their land use rights in Vietnam?

From January 1, 2025, will overseas Vietnamese be allowed to expand their land use rights in Vietnam?

Clause 6, Article 5 of the Land Law 2013 stipulates the land users as follows:

Land users

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:

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6. Overseas Vietnamese as prescribed by the nationality law.

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Clause 3 and Clause 6, Article 4 of the Land Law 2024 (effective from January 1, 2025) stipulate the land users as follows:

Land users

Land users are those who are allocated land, leased land, recognized land use rights; currently using stable land, meeting the conditions for granting land use rights certificates, ownership rights to assets attached to land but have not been granted land use rights certificates, certificates of ownership of houses and land use rights, certificates of land use rights, ownership rights to houses and other assets attached to land, certificates of land use rights, ownership rights to assets attached to land; receiving land use rights; leasing land according to the provisions of this Law, including:

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3. Individuals in the country, Vietnamese people residing abroad who are Vietnamese citizens (hereinafter referred to as individuals);

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6. Vietnamese origin people residing abroad;

Clause 3 and Clause 4 of Article 3 of the Vietnamese Nationality Law 2008 stipulate the Vietnamese people residing abroad as follows:

Interpretation of terms

In this Law, the terms below are construed as follows:

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3. “Overseas Vietnamese” are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.

4. “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offsprings and grandchildren are permanently residing in foreign countries.

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Clause 1 of Article 5 of the Vietnamese Nationality Law 2008 stipulates the relationships between the State and citizens as follows:

Relationships between the State and citizens

1. Persons who hold Vietnamese nationality are Vietnamese citizens.

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Therefore, according to the Land Law 2013, overseas Vietnamese were only considered as land users in Vietnam. However, the Land Law 2024 has expanded the scope to include Vietnamese origin people residing abroad as land users in Vietnam.

Specifically, Vietnamese origin people residing abroad are Vietnamese people who have had Vietnamese nationality and whose nationality is determined based on bloodline and their children and grandchildren are residing and living permanently abroad.

From January 1, 2025, will overseas Vietnamese be allowed to expand their land use rights in Vietnam? (Image from the Internet)

Which are prohibited acts regarding land in Vietnam?

Article 11 of the Land Law 2024 stipulates the prohibited acts regarding land as follows:

- Encroaching on land, occupying land, damaging land.

- Violating the provisions of the law on state management of land.

- Violating land policies for ethnic minority people.

- Abusing positions and powers to violate the provisions of the law on land management.

- Failing to provide information or providing inaccurate land information that does not meet the time requirements as prescribed by law.

- Failing to prevent or handle violations of land laws.

- Failing to comply with the provisions of the law when exercising the rights of land users.

- Using land, conducting land use rights transactions without registration with competent authorities.

- Failing to fulfill or not fully fulfilling financial obligations to the State.

- Obstructing or causing difficulties in land use and the exercise of rights of land users as prescribed by law.

- Discriminating based on gender in land management and use.

In which cases are specific land prices applied in Vietnam?

Article 160 of the Land Law 2024 stipulates specific land prices to be applied in the following cases:

- Calculate land use fees for organizations when the State allocates land with land use fees without auctioning land use rights, without bidding to select investors to implement projects using land, allocate land with land use fees to winning investors or economic organizations established by winning investors to implement projects using land, recognize land use rights, allow land use purpose transfer that requires land use fees.

- Calculate land lease fees when the State leases land and charges a one-time land lease fee for the entire lease period, except in cases of land use rights auction.

- Determine the value of land use rights when state-owned enterprises are equitized according to the law on equitization.

- Determine the starting price for auctioning land use rights when the State allocates land, leases land, except for cases of determining the starting price for auctioning land use rights when the State allocates land, leases land for land plots, land areas that have been invested in technical infrastructure according to detailed construction planning.

- Calculate land use fees, land lease fees when extending land use, adjusting land use terms, adjusting detailed construction planning; allow land use form transfer;

- Calculate compensation when the State recovers land.

Best Regards!