Regulations on land ownership and land use rights

1. Land provisions in the Constitution

Pursuant to Article 54 of the 2013 Constitution, land is stipulated as follows:

- Land is a special national resource, an important resource for national development, managed according to law.

- Organizations and individuals are allocated land, leased land, and have their land use rights recognized by the State. Land users are allowed to transfer land use rights and exercise rights and obligations according to the provisions of law. Land use rights are protected by law.

- The State shall reclaim land currently used by organizations and individuals in cases of real necessity as prescribed by law for national defense and security purposes; and for socio-economic development in the national and public interest. Land reclamation must be public, transparent and compensated according to the provisions of law.

- The State requisitions land in cases of real necessity as prescribed by law to perform national defense and security tasks or in a state of war, state of emergency, or to prevent and combat natural disasters.

2. Regulations on land ownership

Pursuant to Article 4 of the 2013 Land Law, land is owned by the entire people and is represented and uniformly managed by the State. The State grants land use rights to land users in accordance with the provisions of the law on land.

3. Regulations on land use rights

Land use rights are the rights of subjects to exploit the utility, enjoy benefits and profits from the use of land allocated by the State, leased or transferred from other subjects through conversion, transfer, lease, sublease, inheritance, donation... from other subjects with land use rights.

Pursuant to Article 5 of the 2013 Land Law, land users are assigned land by the State, leased land, recognized land use rights, and receive transfer of land use rights according to regulations, including:

(1) Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service organizations and other organizations as prescribed by the law on civil affairs (hereinafter referred to as organizations);

(2) Domestic households and individuals (hereinafter referred to as households and individuals);

(3) Residential communities include Vietnamese communities living in the same hamlet, village, hamlet, village, village, neighborhood, residential group and similar residential area with the same customs, practices or the same family lineage;

(4) Religious establishments include pagodas, churches, chapels, temples, shrines, Buddhist prayer halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments;

(5) Foreign organizations with diplomatic functions include diplomatic representative agencies, consular agencies, other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations under the United Nations, intergovernmental agencies or organizations, representative agencies of intergovernmental organizations;

(6) Vietnamese people residing abroad according to the provisions of the law on nationality;

(7 Foreign-invested enterprises include 100% foreign-invested enterprises, joint venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge, or acquire according to the provisions of the law on investment.

Land use must ensure compliance with the following principles:

- Correct planning, land use plan and correct land use purpose.

- Economical, effective, environmentally friendly and does not harm the legitimate interests of surrounding land users.

- Land users exercise their rights and obligations during the land use period according to the provisions of the 2013 Land Law and other relevant legal provisions.