1. Land use rights of Vietnamese residents residing abroad are entitled to lease land:

Article 56 of the 2013 Land Law stipulates that the State leases land to Vietnamese people residing abroad with annual land rent or a one-time land rent for the entire lease period to carry out product investment projects. agricultural production, forestry, aquaculture, salt making; non-agricultural production and business land; land to build public works for business purposes; land to implement housing investment projects for rent. As follows:

1.1. Cases where Vietnamese people residing abroad are allowed to rent land:

Case 1: Clause 1, Article 133 of the 2013 Land Law stipulates that Vietnamese people residing abroad who need to use land for agricultural production, forestry, aquaculture, or salt production will be considered by the State. Leasing land to implement investment projects.

Case 2: Article 135 of the 2013 Land Law stipulates land lease for Vietnamese people residing abroad to implement investment projects in planting production forests. Vietnamese people residing abroad can use production forest land in combination with landscape business and eco-environmental tourism under the forest canopy.

Case 3: Article 138 of the 2013 Land Law stipulates that salt production land is leased by the State to Vietnamese people residing abroad to carry out salt production investment projects.

Case 4: Article 139 of the 2013 Land Law stipulates that ponds, lakes and lagoons are leased by the State to Vietnamese people residing abroad to carry out investment projects in aquaculture, agricultural production or agricultural production. agriculture combined with non-agricultural purposes.

Case 5: Article 140 of the 2013 Land Law stipulates that land with coastal water surface is leased by the State to Vietnamese people residing abroad to use for aquaculture, agricultural and forestry production purposes. agriculture, salt making, non-agriculture.

Case 6: Article 141 of the 2013 Land Law stipulates:

– River and coastal alluvial land is leased by the State to Vietnamese people residing abroad to carry out investment projects in agricultural and non-agricultural production and business.

– The State leases land to Vietnamese people residing abroad with annual land rent or collects a one-time land rent for the entire lease period to use land to build public works.

Case 7: Article 149 of the 2013 Land Law stipulates:

– The State leases land to Vietnamese people residing abroad to invest in construction and business infrastructure of industrial parks, industrial clusters, and export processing zones.

– Vietnamese people residing abroad who invest in production and business in industrial parks, industrial clusters, and export processing zones are allowed to sublease land attached to infrastructure from other economic organizations.

Case 8: Article 152 of the 2013 Land Law stipulates that land for mineral exploration and exploitation is leased by the State to Vietnamese people residing abroad who are allowed to carry out mineral exploration and exploitation projects.

Case 9: Article 153 stipulates that Vietnamese people residing abroad use land for commerce and services; Using land for non-agricultural production establishments through the form of land lease by the State; rent land, sublease land from other economic organizations, households, individuals, and Vietnamese residing abroad; to sublease land associated with the infrastructure of foreign-invested enterprises.

Case 10: Vietnamese people residing abroad who fall under the provisions of Clause 1, Article 186 of the 2013 Land Law can also receive inheritance and be given land use rights to use as premises to build production facilities. non-agricultural, commercial, service.

1.2. Handling cases of land allocation or land lease before July 1, 2014:

Article 60 of the 2013 Land Law regulates the handling of cases of land allocation or land lease before July 1, 2014. This Article stipulates:

– Vietnamese people residing abroad who are leasing land according to the provisions of the 2013 Land Law and have been allocated land by the State with land use fees collected before July 1, 2014, can continue to use the land according to the time limit. remaining land use term without having to convert to land lease. At the end of the land use term, if extended by a competent state agency, you must switch to land lease according to the provisions of the 2013 Land Law.

– Vietnamese people residing abroad who are leasing land according to the provisions of the Land Law and have been allocated land by the State but do not collect land use fees before July 1, 2014 must switch to renting land from that date. Land Law 2013 (July 1, 2014) takes effect and pays land rent.

– Vietnamese people residing abroad who are leasing land according to the provisions of the Land Law and have received legal land use rights transfer before July 1, 2014, may continue to use the land within the land use term. remaining without having to convert to land lease according to the provisions of the Land Law.

– Vietnamese people residing abroad who are leased land by the State pay a one-time rental fee for the entire lease period to carry out investment projects to build housing for sale or for sale combined with rental. Before July 1, 2014, you can continue to lease land for the remaining land use term or switch to land allocation with land use fees in accordance with the provisions of the Land Law if needed.

– Vietnamese people residing abroad invest in production and business in industrial parks, industrial clusters, and export processing zones that have been allocated land by the State and receive land use rights associated with their infrastructure. Other economic organizations and Vietnamese residing abroad who invest in the construction and business of infrastructure in industrial parks, industrial clusters, and export processing zones before July 1, 2014 can continue to use them. Use land for the remaining term of the project without having to convert to land lease. At the end of the project implementation period, if there is a need, the State will consider leasing land according to the provisions of the Land Law.

1.3. Choose form of land lease:

– Article 172 of Land Law 2103 stipulates that Vietnamese people residing abroad can choose to rent land with annual rental payments or choose to rent land with one-time payment for the entire rental period.

– Vietnamese people residing abroad who are being leased land by the State with annual land rent payments may switch to renting land with one-time land rent payment for the entire lease period and must re-determine the specific land price to Calculate land rent at the time of decision to allow conversion to land lease in the form of paying land rent once for the entire lease period according to the provisions of the Land Law.

2. Land use rights of Vietnamese people residing abroad when land is allocated by the State:

The State allocates land with land use fees to Vietnamese people residing abroad to carry out investment projects to build housing for sale or for combined sale and rental. As follows:

Article 146 of the 2013 Land Law stipulates that the Provincial People's Committee will organize the establishment and assign Vietnamese people residing abroad to implement projects according to the provisions of law to embellish or build urban areas. new urban areas, new rural residential areas. Land for these projects will have to be distributed synchronously in planning and land use plans for the entire area, including land used to build infrastructure, residential land, and land for construction of works. public land for construction of public works, commercial land, services, land for non-agricultural production establishments.

3. Vietnamese people residing abroad receive land use rights:

– Article 169 of the 2013 Land Law stipulates that Vietnamese people residing abroad can receive land use rights through the form of land use rights transfer in industrial parks, industrial clusters, export processing zones, and industrial parks. high-tech, economic zone.

– Vietnamese people residing abroad who are eligible to own housing in Vietnam according to the provisions of the law on Housing can receive transfer of residential land use rights through the form of purchase, lease purchase, or inheritance. , receiving donated housing associated with residential land use rights or receiving residential land use rights in housing development projects.

– Vietnamese people residing abroad receive land use rights through land allocation by the State.

– Vietnamese people residing abroad are entitled to 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;

+ The decision or judgment of the People's Court, the decision to execute the judgment of the judgment enforcement agency has been implemented;

+ Document recognizing the results of the auction of land use rights in accordance with the law;

+ Document on division of land use rights in accordance with the law for households or groups of people with common land use rights.

– Article 179 of the Land Law 2013 stipulates that in case the heir is a Vietnamese residing abroad and belongs to the subjects specified in Clause 1, Article 186 of the Land Law 2013, he will inherit land use rights. ; If you are not subject to the provisions of Clause 1, Article 186 of the 2013 Land Law, you will enjoy the value of that inheritance.

– Vietnamese people residing abroad receive land use rights as gifts specified in Clause 1, Article 186 of the 2013 Land Law.

Legal documents used in the article:

– Land Law 2013.