Is Transfer of Land Use Rights Allowed with Overseas Vietnamese?

Is it possible to acquire land use rights from overseas Vietnamese?

Question: Hello! If a Vietnamese person marries an American and moves to the USA, can they acquire homestead land use rights in Vietnam? Please advise.

Answer:

According to Clause 6, Article 5 of the Land Law 2013, land users who are allocated land, leased land, recognized land use rights, or transferred land use rights by the State as stipulated under this Law include:

Overseas Vietnamese as defined in nationality law.

Additionally, Clause 10, Article 3 of this Law also stipulates: Land use rights transfer is the act of transferring land use rights from one person to another through forms of conversion, transfer, inheritance, donation of land use rights, and capital contribution with land use rights.

Thus, if you reside abroad, you can still acquire the land use rights transfer.

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What type of land is designated for cemeteries?

Question: Based on the land use purpose, what type of land is designated for cemeteries? Please clarify.

Answer:

According to Clause 2, Article 10 of the Land Law 2013, the non-agricultural land group includes the following types of land:

Land for religious and belief institutions;

Land for cemeteries, graveyards, funeral homes, and cremation houses;

Land for rivers, canals, streams, and specialized water surfaces;

...

Therefore, land designated for cemeteries is categorized as non-agricultural land.

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What types of land are classified as agricultural land?

Question: Based on the land use purpose, there is agricultural land and non-agricultural land. I am curious, what types of land are classified as agricultural land? Could you please advise?

Answer:

According to Clause 1, Article 10 of the Land Law 2013, the agricultural land group includes the following types of land:

- Land for annual crops, including rice cultivation land and other annual crop land;

- Land for perennial crops;

- Land for production forests;

- Land for protection forests;

- Land for special-use forests;

- Land for aquaculture;

- Land for salt production;

- Other agricultural land, including land used to build greenhouses and other types of houses serving crops, including manners of planting not directly on the soil; land used to build livestock breeding facilities; land used for cultivation, livestock husbandry, and aquaculture for study and research; land for nurseries and seed breeding; land for planting flowers and ornamental plants.

Respectfully!