Summary of cases leasing land from the State in Vietnam

Summary of cases leasing land from the State in Vietnam (Internet image)

1. Cases leasing land from the State and paying annual land rents or lump sum land rents

The entities leasing land from the State and paying annual land rents or lump sum land rents are:

- Households and individuals using land for the purposes of agricultural production, forestry, aquaculture or salt making.

- Households and individuals that wish to continue using the agricultural land beyond the allocation limits prescribed in Article 129 of the Law on Land.

- Households and individuals that use the commercial land; land for mineral extraction; land for the production of building materials and ceramics; non-agriculture land.

- Households and individuals that use land for the construction of public works serving business purposes.

- Households and individuals that use salt making land to make salt beyond the local limits on land allocation and economic organizations, overseas Vietnamese, foreign-invested enterprises that use land for investment projects on salt making in accordance with the regulations in Clause 1 Article 138 of the Law on Land.

- Households and individuals who are not directly involved in agricultural production, forestry, aquaculture, salt making, allocated non-levied land and required to switch over to the land lease in case they use land for farming in accordance with the regulations in Point b Clause 1 Article 142 of the Law on Land;

Households and individuals using land for farming must and required to switch over to land lease if they change the land use purposes in accordance with the Clause 3 Article 142 of the Law on Land.

- Economic organizations, overseas Vietnamese, foreign-invested enterprises using land to carry out investment projects on agricultural production, forestry, aquaculture and salt making;

Non-agricultual production and business land; land used for building public works serving business purposes; land for the investment projects on houses for lease.

- Economic organizations, overseas Vietnamese, foreign-invested enterprises leasing land to invest in underground constructions under the regulations in Clause 2 Article 161 of the Law on Land.

- Economic organizations, self-financing public service provider, overseas Vietnamese, foreign-invested enterprises using land to build public works.

- Foreign diplomatic missions using land to build their headquarters.

(Clause 1, Article 2 of Decree 46/2014/ND-CP)

2. Cases leasing land from the State and paying annual land rents in Vietnam

Entities leasing land from the State and paying annual land rents are:

- Military units using land for the purposes of agricultural production, forestry, aquaculture and salt making or those purposes in combination with the defense and security duties.

- Economic organizations, households and individuals using land in the rivers, canals and streams for aquaculture purpose in accordance with the regulations in Point b Clause 1 Article 163 of the Law on Land.

- Overseas Vietnamese and foreign-invested enterprises using land in the rivers, canals and streams for aquaculture purpose in accordance with the regulations in Point c Clause 1 Article 163 of the Law on Land.

(Clause 2, Article 2 of Decree 46/2014/ND-CP)

3. Other cases leasing land from the State in Vietnam

- Organizations, individuals, overseas Vietnamese, foreign-invested enterprises leasing land from the management boards of the hi-tech zones in accordance with the regulations in Clause 2 Article 150 of the Law on Land; the management boards of the economic zones in accordance with the regulations in Clause 3 Article 151 of the Law on Land.

- Organizations and individuals leasing land from the Airports authorities to build facilities and constructions providing the airline services in the airports and land used for building constructions providing services other than the airline services in accordance with the regulations in Point b Clause 3 Article 156 of the Law on Land.

(Clause 3, 4, Article 2 of Decree 46/2014/ND-CP)

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