In what forms can foreign-invested economic organizations receive land use rights under the new Land Law?
Pursuant to Article 28 Land Law 2024 (not yet effective) regulations on recipients of land use rights are as follows:
Get land use rights
1. Recipients of land use rights are regulated as follows:
a) Individuals receiving land use rights conversion specified in Point b, Clause 1, Article 37 of this Law;
b) Economic organizations and individuals may receive land use rights transfer;
c) Economic organizations with foreign investment capital, people of Vietnamese origin residing abroad are allowed to enter Vietnam and receive land use rights transfer in industrial parks, industrial clusters, and high-tech zones ;
d) Economic organizations with foreign investment capital may receive transfer of investment capital which is the value of land use rights according to Government regulations;
d) Economic organizations, economic organizations with foreign investment capital receive capital contributions in the form of land use rights;
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i) Domestic organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad who are allocated land by the State; Economic organizations with foreign investment capital are allocated land by the State to carry out investment projects to build housing for sale or for combined sale and lease;
k) Economic organizations, public service units, religious organizations, affiliated religious organizations, individuals, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital, Foreign organizations with diplomatic functions are leased land by the State;
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m) Domestic organizations, individuals, people of Vietnamese origin residing abroad are allowed to enter Vietnam, economic organizations with foreign investment are allowed to receive land use rights according to the results of successful conciliation. Land disputes are recognized by the People's Committee at the competent level; agreements in mortgage contracts to handle debt; Decisions of competent state agencies on resolving land disputes, complaints and denunciations about land, judgments and decisions of the Court, decisions on enforcement of judgments of judgment enforcement agencies that have been implemented onion; decision or ruling of the Vietnam Commercial Arbitration; Document recognizing the results of the auction of land use rights in accordance with the law; Documents on division and separation of land use rights in accordance with the law for groups of land users who share the same land use rights;
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Accordingly, economic organizations with foreign investment capital are entitled to receive land use rights in the following forms:
(1) Receive transfer of land use rights in industrial parks, industrial clusters, and high-tech zones;
(2) Receiving transfer of investment capital is the value of land use rights according to Government regulations;
(3) Receive capital contribution in the form of land use rights;
(4) Being allocated land by the State to carry out investment projects to build housing for sale or for combined sale and lease;
(5) Land leased by the State;
(6) Receive land use rights according to:
- Successful conciliation results on land disputes are recognized by the competent People's Committee;
- Agreement in the mortgage contract to handle debt;
- Decisions of competent state agencies on resolving land disputes, complaints and denunciations about land, judgments and decisions of the Court, decisions on enforcement of judgments of judgment enforcement agencies have been approved. enforce;
- Decision or ruling of Vietnam Commercial Arbitration;
- Document recognizing the results of the auction of land use rights in accordance with the law;
- Document on division and separation of land use rights in accordance with the law for groups of land users who share land use rights.