Newest regulations on common rights of land users in Vietnam

Newest regulations on common rights of land users in Vietnam​ (Image from the Internet)

Newest regulations on common rights of land users in Vietnam

According to Article 26 of the Land Law 2024, the common rights of land users in Vietnam are stipulated as follows:

(1) To be granted the Certificate of land use rights, ownership of assets attached to the land when meeting the conditions according to the land legislation.

(2) To enjoy the fruits of labor and investment results on legally used land.

(3) To enjoy the benefits when the State invests in land protection, improvement, and agricultural land development.

(4) To receive guidance and assistance from the State in improving and restoring agricultural land.

(5) To be protected by the State when others infringe on their lawful rights and interests concerning the land.

(6) To have the right to change the purpose of land use according to the regulations of Land Law 2024 and other relevant laws.

(7) To be compensated, supported, and resettled when the State recovers land according to the regulations of Land Law 2024.

(8) To complain, denounce, and initiate lawsuits against violations of their lawful land use rights and other acts violating land legislation.

Regulations on rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage LURs and contribute LURs as capital in Vietnam

- Land users are entitled to perform the rights to convert, transfer, lease, sublease, inherit, and donate land use rights; mortgage, and contribute capital by land use rights according to the regulations of Land Law 2024 and other relevant laws.

- The group of land users who have joint land use rights have the following rights and obligations:

+ The group of land users including household members and individuals has the rights and obligations as per individual rights and obligations stipulated in Land Law 2024.

In case the group of land users includes economic organizations, they have the rights and obligations as per the rights and obligations of economic organizations defined by Land Law 2024;

+ If the group's land use rights can be divided among its members, individual members wishing to exercise their rights to their portion must register changes or separate parcels as stipulated, complete procedures for issuance of the Certificate of land use rights, ownership of assets attached to the land, and exercise the rights and obligations of land users as regulated by Land Law 2024.

If the group's land use rights cannot be divided, members jointly exercise or authorize a representative to exercise the group's rights and obligations.

- The notarization, authentication of contracts, and documents exercising the rights of land users are performed as follows:

+ Contracts for the transfer, donation, mortgage, or capital contribution by land use rights, land use rights, and attached assets must be notarized or authenticated except in cases regulated by point b, clause 3, Article 27, of the Land Law 2024;

+ Contracts for leasing, subleasing land use rights, land use rights, and attached assets; contracts for the conversion of agricultural land use rights; contracts for the transfer or capital contribution by land use rights, land use rights, and attached assets, attached assets involving a party or parties who are real estate business organizations are notarized or authenticated upon their request;

+ Documents on the inheritance of land use rights, land use rights, and attached assets are notarized or authenticated according to civil legislation;

+ The notarization and authentication must comply with legal regulations on notaries and certification.

(Article 27 of the Land Law 2024)

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