Regulations on receipt of land use rights in areas with limited access to land in Vietnam from August 1, 2024

Regulations on receipt of land use rights in areas with limited access to land in Vietnam (Image from the Internet)

On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP detailing the implementation of certain provisions of the Land Law 2024.

Regulations on receipt of land use rights in areas with limited access to land in Vietnam

According to Article 10 of Decree 102/2024/ND-CP, the regulations on receipt of land use rights in areas in areas with limited access to land in Vietnam are as follows:

- Areas with limited access to land include areas within communes, wards, commune-level towns at the border; communes, wards, commune-level towns along the coast; islands; and other areas affecting national defense and security as stipulated by laws on investment and housing.

- For investment projects using land by Foreign-invested business organizations or overseas Vietnamese requesting the State to allocate or lease land in areas with limited access to land, opinions must be sought from the Ministry of Defense and the Ministry of Public Security. The consultation process follows investment laws.

- In cases where Foreign-invested business organizations or overseas Vietnamese are transferring land use rights as per point c, clause 1, Article 28 of the Land Law 2024, or where Foreign-invested business organizations receive capital contributions in the form of land use rights as per point d, clause 1, Article 28 of the Land Law 2024 to implement investment projects in areas with limited access to land, they must obtain opinions from the Ministry of Defense and the Ministry of Public Security as follows:

+ The recipient of the land use rights transfer or capital contribution in land use rights must submit a document requesting the Provincial People's Committee where the land is located to approve the transfer or capital contribution in areas with limited access to land;

+ Within 05 working days from receiving the request, the Provincial People's Committee must send a consultation document to the Ministry of Defense and the Ministry of Public Security;

+ Within 20 days from receiving the consultation request, the Ministry of Defense and the Ministry of Public Security must provide their opinions in writing to the Provincial People's Committee.

- The procedures for land allocation, land lease, land use rights transfer, and capital contribution in land use rights follow this Decree and the Decree on fundamental land investigation; registration, issuance of land use rights certificates, ownership of assets attached to the land, and the land information system.

Regulations on Foreign-invested business organizations whose invested capital which is land use right value in Vietnam

- Foreign-invested business organizations may receive transfers of investment capital as the value of land use rights from economic organizations using land allocated by the State with a land levy, leasing land with one-time payment for the entire lease period, where the land use rights value has been included in the organization’s charter capital.

- For receiving transfers of invested capital which is land use right value in communes, wards, commune-level towns at the border, along the coast, on islands, or in other areas affecting national defense and security, the transfers must comply with investment laws and relevant legal provisions.

- Foreign-invested business organizations utilizing land from receiving investment capital transfers as the value of land use rights under clause 1, Article 9 of Decree 102/2024/ND-CP have the rights and obligations stipulated in clause 3, Article 41 of the Land Law 2024.

(Article 9 of Decree 102/2024/ND-CP)

More details can be found in Decree 102/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

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