Land use regimes for commercial and service purposes; non-agricultural production base land under the Law on Land 2003 in Vietnam
What are land use regimes for commercial and service purposes; non-agricultural production base land under the Law on Land 2003 in Vietnam?
Hello Lawnet. My name is Thien Trang and I am currently living and working in Binh Phuoc. I am currently researching land laws throughout different periods. Therefore, I would like to ask the following question: What are land use regimes for commercial and service purposes; non-agricultural production base land under the Law on Land 2003 in Vietnam? Thank you!
Land use regimes for commercial and service purposes; non-agricultural production base land under the Law on Land 2003 in Vietnam - image from internet
The land use regimes for commercial and service purposes; non-agricultural production base land are stipulated under Article 93 of the Law on Land in 2003 as follows:
1. Land used as ground for construction of production and/or business establishments includes land for construction of industrial, cottage-industrial or handicraft production establishments; construction of trade or service business establishments and other works in service of production and/or business.
2. The use of land as ground for construction of production and/or business establishments must be in line with the detailed land use plannings, detailed land use plans, urban construction plannings and/or rural population quarter construction plannings, which have been already approved, and comply with the regulations on environment protection.
3. Economic organizations, households and individuals, that use land as ground for construction of production and/or business establishments, may select form of receiving land assigned with the collection of land use levies or leasing land of the State; receiving the land use right transfer from, renting land or re-renting land of, or receiving the capital contribution with the land use right of, other economic organizations, households or individuals, overseas Vietnamese; re-renting land affixed with infrastructures of foreign organizations or individuals.
Overseas Vietnamese who use land as ground for construction of production and/or business establishments may select form of receiving land assigned with land use levy collection, renting land of the State with land rents paid in lump sum for the whole leasing term or paid annually; renting land, re-renting land of economic organizations, households, individuals or other overseas Vietnamese; re-renting land affixed with infrastructures of foreign organizations or individuals. Overseas Vietnamese being subjects prescribed in Clause 1, Article 121 of this Law may also be bequeathed, presented or donated the rights to use land as ground for construction of production and/or business establishments.
Foreign organizations and individuals, that use land as ground for construction of production and/or business establishments, may select form of leasing land of the State with land rents paid in lump sum for the whole leasing terms or paid annually; renting land or re-renting land of economic organizations, overseas Vietnamese; re-renting land affixed with infrastructure of other foreign organizations and/or individuals.
Best regards!
