General rights and obligations of land users in Vietnam

General rights and obligations of land users in Vietnam (Internet image)

1. General rights and obligations of land users in Vietnam 

1.1. General rights of land users in Vietnam

Specifically, Article 166 of the Land Law 2013 stipulates the general rights of land users as follows:

- To be granted the certificate of land use rights, houses and other land-related assets ownership.

- To enjoy the results of the labor and investment on land.

- To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.

- To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.

- To be protected by the State against others’ infringements of their lawful rights and benefits related to land.

- To receive compensation when land is expropriated by the State in accordance with this Law.

- To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.

1.2. General obligations of land users in Vietnam

Land users specified in section 1 must be responsible for performing the following general obligations:

- To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws.

- To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.

- To fulfill financial obligations in accordance with law.

- To take measures to protect the land.

- To comply with regulations on environmental protection and not to cause damage to the lawful benefits of related land users.

- To comply with the law on discovery of underground objects.

- To return the land upon the State’s decision on land expropriation or at the expiry of the land use term without being permitted to extend the land use term.

(Article 170 of the Land Law 2013)

2. Time to exercise the rights of land users in Vietnam 

Time to exercise the rights of land users is as follows:

- Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

- The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of the Land Law 2013.

(Article 168 of the Land Law 2013)

Nguyen Ngoc Que Anh

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