Are embassies eligible for land allocation by the State for construction of office buildings in Vietnam?

Are embassies eligible for land allocation by the State for construction of office buildings in Vietnam?

Clause 1, Article 56 of the Land Law 2013 provides for the following cases:

1. The State may lease land and collect an annual land rental or full one-off rental for the entire lease period in the following cases:

a/ Households and individuals that use land for the purpose of agriculture, forestry, aquaculture or salt production;

b/ Households and individuals that need to further use agricultural land that exceeds the land allocation quotas prescribed in Article 129 of this Law;

c/ Households and individuals that use land for trading and services, mining activities, production of construction materials, production of ceramic products, and non-agricultural production establishments;

d/ Households and individuals that use land for construction of public facilities for commercial purpose;

e/ Economic organizations, overseas Vietnamese and foreign-invested enterprises that use land to implement investment projects in agriculture, forestry, aquaculture or salt production, for non-agricultural business and production purpose, for construction of public facilities for commercial purpose, and for implementation of investment projects on houses for lease;

f/ Economic organizations, self-financed public non-business organizations, overseas Vietnamese and foreign-invested enterprises that use land for construction of non-business facilities;

g/ Foreign organizations with diplomatic functions that use land to build offices.

Clause 5 Article 5 of the Land Law 2013 provides:

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.

Pursuant to the current regulations, in case the Embassy needs to build a working office in Vietnam, it shall not be allocated land by the State, only land for lease in Vietnam.

What are the cases where the state allocates land with collection in Vietnam?

In Article 55 of the Land Law 2013, there are provisions on cases where the State allocates land with collection of land use fees as follows:

The State shall allocate land and collect land use levy in the following cases:

1. Households and individuals that are allocated residential land;

2. Economic organizations that are allocated land to implement investment projects on construction of houses for sale or a combination of sale and lease;

3. Overseas Vietnamese and foreign-invested enterprises that are allocated land to implement investment projects for the construction of houses for sale or for a combination of sale and lease;

4. Economic organizations that are allocated land to implement investment projects on infrastructure of cemeteries and graveyards for transfer of land use rights together with the infrastructure.

Best Regards!