What are the regulations on the regulations on land allocation and land lease in Vietnam? What are the regulations on the forms of land allocation and land lease decision? - Kim Chi (Long An)
Article table of contents
Latest form of land allocation and land lease decision in Vietnam (Internet image)
1. Regulations on land allocation and land lease in Vietnam
1.1. Regulations on land allocation in Vietnam
* Land allocation without land use levy
According to Article 54 of the Land Law 2013, land allocation without land use levy is as follows:
The State shall allocate land without land use levy in the following cases:
- Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of the Land Law 2013;
- Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of the Land Law 2013;
- Public non-business organizations that are not self-financed and use land for office construction.
- Organizations that use land for construction of resettlement houses under the State’s projects.
- Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of the Land Law 2013.
* Land allocation with land use levy
Land allocation with land use levy under Article 55 of the Land Law 2013 is as follows:
The State shall allocate land and collect land use levy in the following cases:
- Households and individuals that are allocated residential land;
- Economic organizations that are allocated land to implement investment projects on construction of houses for sale or a combination of sale and lease;
- Overseas Vietnamese and foreign-invested enterprises that are allocated land to implement investment projects for the construction of houses for sale or for a combination of sale and lease;
- Economic organizations that are allocated land to implement investment projects on infrastructure of cemeteries and graveyards for transfer of land use rights together with the infrastructure.
1.2. Regulations on land lease in Vietnam
The land lease under Article 56 of the Land Law 2013 is as follows:
- The State may lease land and collect an annual land rental or full one-off rental for the entire lease period in the following cases:
+ Households and individuals that use land for the purpose of agriculture, forestry, aquaculture or salt production;
+ Households and individuals that need to further use agricultural land that exceeds the land allocation quotas prescribed in Article 129 of the Land Law 2013;
+ Households and individuals that use land for trading and services, mining activities, production of construction materials, production of ceramic products, and non-agricultural production establishments;
+ Households and individuals that use land for construction of public facilities for commercial purpose;
+ Economic organizations, overseas Vietnamese and foreign-invested enterprises that use land to implement investment projects in agriculture, forestry, aquaculture or salt production, for non-agricultural business and production purpose, for construction of public facilities for commercial purpose, and for implementation of investment projects on houses for lease;
+ Economic organizations, self-financed public non-business organizations, overseas Vietnamese and foreign-invested enterprises that use land for construction of non-business facilities;
+ Foreign organizations with diplomatic functions that use land to build offices.
- The State may lease land to and collect annual rentals from people’s armed forces units for the purpose of agriculture, forestry, aquaculture or salt production, or in combination with national defense or security tasks.
2. Latest form of land allocation and land lease decision in Vietnam
The latest form of land allocation and land lease decision, made according to Forms 02 and 03, issued together with Circular 30/2014/TT-BTNMT is as follows:
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Form No. 02 |
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Form No. 03 |
Quoc Dat
- Key word:
- land lease decision in Vietnam
