Who are land users? 11 cases of land used for long and stable term in Vietnam

Who are land users? 11 cases of land used for long and stable term in Vietnam (Internet image)

1. Who are land users?

Article 5 of the Land Law 2013 stipulates about land users as follows:

Land users may be allocated land or leased land, have land use rights recognized by the State, or acquire land use rights in accordance with this Law, including:

- Domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations).

- Domestic households or individuals (below referred collectively to as households or individuals).

- Communities, including Vietnamese communities residing in the same village, street quarter or similar residential area sharing the same customs and practices or the same family line.

- Religious institutions, including pagodas, churches, oratories, chancels, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious institutions.

- Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.

- Overseas Vietnamese as prescribed by the nationality law.

- Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.

2. 11 cases of land used for long and stable term in Vietnam

Article 125 of the Land Law 2013 stipulates that land users may use land for a long and stable term in Vietnam in the following cases:

(1) Residential land used by households or individuals.

(2) Agricultural land used by communities as prescribed in Clause 3, Article 131 of the Land Law 2013.

(3) Land for protection forest, for special-use forest and for production forest which are natural forests.

(4) Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.

(5) Land for construction of offices as prescribed at Point 1, Article 147 of the Land Law 2013 and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of the Land Law 2013.

(6) Land used for national defense or security purpose.

(7) Land used by religious institutions as prescribed in Article 159 of the Land Law 2013.

(8) Land for religious practices.

(9) Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.

(10) Land for cemeteries or graveyards.

(11) Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of the Land Law 2013.

3. Land use principles under the Land Law in Vietnam

Article 6 of the the Land Law 2013 stipulates the land use principles as follows:

- Compliance with land use master plans and plans, and use for proper purposes.

- Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.

- Land users may exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.

Vo Ngoc Nhi

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