When leasing land, can lessee use the land for a different purpose than the contract in case of without land destruction in Vietnam?

When leasing land, can lessee use the land for a different purpose than the contract in case of without land destruction in Vietnam?

Pursuant to Clause 1, Article 45 of the Law on Real Estate Business 2014, obligations of the lessee are as follows:

1. Use the land for proper use, limit, and duration.

2. Do not deteriorate the land.

3. Pay rent in full by the deadline with the method under the agreement.

4. Conform to regulations on environment protection; do not infringe the lawful rights and benefits of neighbor's land users

5. Return the land on schedule with the condition specified in the agreement.

6. Pay compensation for damage caused by the lessee.

7. Fulfill other obligations specified in the agreement.

In addition, according to Clause 3, Article 42 of the Law on Real Estate Business 2014, rights of the lessor are as follows:

1. Request the lessee to use the land for proper purposes, land-use planning, investment projects and agreement specified in the agreement.

2. Request the lessee to pay off the total amount by the deadline with the method under the agreement.

3. Request the lessee to terminate the improper land use, land destruction or land deterioration; if the lessee has not stopped committing violations, the lessor is entitled to unilaterally terminate the agreement performance and request the lessee return the land and pay compensation for damage.

4. Request the lessee to return the land when the lease term expires.

5. Request the lessee to pay compensation for damage caused by the lessee’s fault.

6. Exercise other rights specified in the agreement.

Thus, when leasing land, the lessee must use the land for proper use as in the lease contract, even if the use does not destroy the land. In case the lessor knows but does not request the lessee to stop using the land for improper purposes as in the contract, the lessee may still continue to use the land for improper purposes in Vietnam.

What are regulations on content of land lease agreement in Vietnam?

Pursuant to Article 47 of the Law on Real Estate Business 2014 stipulates content of land transfer, lease, sublease agreement as follows:

The land transfer, lease, sublease agreement shall contain:

1. Names and addresses of contracting parties;

2. Information about types of land, area, location, number, limit and land condition, property on land (if any);

3. Land use term;

4. Price of land transfer, lease, and sublease including property on land (if any);

5. Payment method and deadline;

6. Land transfer deadline and enclosed documents;

7. Rights and obligations of contracting parties;

8. Rights of a third person towards the land (if any);

9. Liability for breaches of agreement;

10. Penalties for breaches of agreement;

11. Dealing with the expired agreement regarding land lease or sublease;

12. Dispute settlement;

13. Cases in which the agreement is terminated and solutions;

Best Regards!