What is commercial and service land in Vietnam? When is commercial and service land used on a stable long-term basis in Vietnam?
What is commercial and service land in Vietnam?
According to Clause 5, Article 5 of Decree 102/2024/ND-CP detailing the types of land in the group of non-agricultural land:
Article 5. Detailed regulations on types of land in the group of non-agricultural land
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- Non-agricultural production and business land, includes:
a) Industrial zone, industrial cluster land is land for the construction of industrial production facilities, handicraft industries, centralized information technology zones, including workers' accommodations in industrial zones, service facilities for industrial production, handicrafts, infrastructure works, and other works within industrial zones, industrial clusters, centralized information technology zones;
b) Commercial and service land is land for the construction of business facilities, services, trade, and other structures serving business, services, trade; accommodations, services for golf players (excluding the golf course paths, practice areas in the golf course and the greenery system, water surfaces, landscapes, structures for managing, operating, exploiting, using, business of golf courses); headquarters, representative offices of economic organizations; land for warehouses, storage of goods for economic organizations not belonging to production areas; beaches associated with business, service facilities;
c) Non-agricultural production establishment land is land for the construction of industrial production facilities, small-scale industry, handicrafts not specified in point a of this clause, including headquarters and other structures serving production or laborers associated with production facilities; land for yards, warehouses, storage associated with production areas;
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According to the above regulation, commercial land is land for building business facilities, services, trade, and other projects serving business, services, trade; accommodations, services for golfers (excluding golf course paths, practice areas in the golf course and the green system, water surfaces, landscapes, projects serving the management, operation, exploitation, use, business of golf courses); headquarters, representative offices of economic organizations; land for warehouses, storage of goods belonging to economic organizations not in production areas; beaches associated with business, service facilities.
What is commercial and service land in Vietnam? When is commercial and service land used on a stable long-term basis in Vietnam? (Image from Internet)
When is commercial and service land used on a stable long-term basis in Vietnam?
According to Article 171 of the Land Law 2024 on long-term stable land use:
Article 171. Land used stably for long-term
- Residential land.
- Agricultural land used by the community as provided for in Clause 4 of Article 178 of this Law.
- Special-use forest land; protection forest land; production forest land managed by organizations.
4. Commercial land, service land, non-agricultural production establishment land used stably by individuals and recognized by the State without being land allocated by the State with a term, leased.
- Land for construction of office headquarters as stipulated in Clause 1, Article 199 of this Law; land for construction of career service works of public service providers as stipulated in Clause 2, Article 199 of this Law.
- National defense, security land.
- Belief land.
- Religious land stipulated in Clause 2, Article 213 of this Law.
- Land used for public purposes without business purposes.
- Cemetery land, funeral service houses, cremation facilities; land for storage of cinerary remains.
- Land specified in Clause 3, Article 173 and Clause 2, Article 174 of this Law.
According to the above regulation, commercial land is used stably for long-term when an individual is using it stably and recognized by the State without it being land allocated by the State with a term or leased.
What are forms for an economic organization using commercial land in Vietnam?
According to Article 206 of the Land Law 2024 related to commercial land, non-agricultural production establishment land:
Article 206. Commercial and service land, non-agricultural production establishment land
- Commercial and service land includes land for the construction of commercial business, service facilities, and other structures serving business, commerce, service.
Non-agricultural production establishment land includes land for the construction of non-agricultural production facilities outside industrial zones, industrial clusters.
- The use of commercial and service land, non-agricultural production establishment land must conform to the land use planning, construction planning of urban areas, rural residential points approved by competent authorities, and regulations on environmental protection.
- Economic organizations, individuals use commercial land, non-agricultural production establishment land through the following forms: leasing land from the State; receiving the transfer of land use rights, leasing land, leasing land back, receiving capital contribution with land use rights from other economic organizations, individuals, overseas Vietnamese; leasing back land attached to infrastructure of economic organizations with foreign-invested capital.
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According to the above regulation, economic organizations use commercial land through the following forms:
- Leasing land from the State
- Receiving the transfer of land use rights, leasing land, leasing back land, receiving capital contribution with land use rights from other economic organizations, individuals, overseas Vietnamese
- Leasing back land attached to the infrastructure of economic organizations with foreign-invested capital
