Are foreigners allowed to be the holder of land use right certificates under current regulations in Vietnam?

Are foreigners allowed to be the holder of land use right certificates under current regulations in Vietnam? (Image from the internet)

Are foreigners allowed to be the holder of land use right certificates under current regulations in Vietnam?

Based on the provisions of Article 4 of the Land Law 2024, which stipulates land users in Vietnam:

Land users include those who are allocated land by the State, lease land, are recognized for land use rights; are using land stably and meet the conditions for being granted Certificates of land use rights, ownership rights for properties attached to the land but have not been granted such Certificates by the State; those who receive land use rights; sublease land as prescribed by the Land Law 2024, including:

(1) Domestic organizations include:

- State agencies, agencies of the Communist Party of Vietnam, people's armed units, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, public service providers, and other organizations as prescribed by law;

- Economic organizations prescribed by the Investment Law, except for the cases specified in (7) (hereinafter referred to as economic organizations);

(2) Religious organizations, affiliated religious organizations;

(3) Domestic individuals, overseas Vietnamese who are Vietnamese citizens (hereinafter referred to as individuals);

(4) Residential communities;

(5) Foreign organizations with diplomatic functions including diplomatic missions, consular offices, other representative offices of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative offices of United Nations organizations, intergovernmental organizations, intergovernmental organization representatives;

(6) Vietnamese expatriates residing abroad;

(7) Foreign-invested economic organizations.

Thus, according to the above regulations, individual foreigners are not among the cases eligible for a Red Book in Vietnam.

What are regulations on rights of citizens related to land in Vietnam?

- Participate in the development, comment, and oversee the organization and implementation of land policies and laws.

- Participate in state management, comment, discuss, and make recommendations and reflections to state agencies on land management and use.

- Equal rights, gender equality in land management and use.

- Participate in land use rights auction, bidding to select investors for projects using land according to the law; request the State to allocate land, lease land without auctioning land use rights, without bidding to select investors for implementing projects using land according to the law.

- Receive transfers, donations, inheritances, capital contributions, lease land use rights; buy, sell, transfer shares, and contributed capital which is the value of land use rights as prescribed by law.

- Exercise the rights of land users according to the provisions of the Land Law 2024.

(Article 23 of the Land Law 2024)

What are the obligations of citizens regarding land in Vietnam?

(1) Comply with the provisions of the land law.

(2) Preserve, protect, and develop land resources.

(3) Respect the land use rights of other land users.

(Article 25 of the Land Law 2024)

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