General rights and obligations of land users under the 2013 Land Law (reference because it has expired)

1. Who is the land user?

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

- 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);

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

- 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;

- Religious establishments include pagodas, churches, chapels, temples, cathedrals, Buddhist prayer halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments;

- 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;

- Vietnamese people residing abroad according to the provisions of the law on nationality;

- 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.

2. General rights and obligations of land users under the 2013 Land Law

2.1. General rights of land users

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

- Granted Certificate of land use rights, house ownership rights and other assets attached to land.

- Enjoy the fruits of labor and investment on land.

- Enjoy benefits from State projects serving the protection and improvement of agricultural land.

- Receive guidance and assistance from the State in improving and enriching agricultural land.

- Be protected by the State when others violate your legitimate rights and interests regarding land.

- Be compensated when the State reclaims land according to the provisions of the 2013 Land Law.

- Complain, denounce, and sue about violations of one's legal land use rights and other violations of land laws.

2.2. General obligations of land users

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

- Use land for the right purpose, within the right plot boundaries, in accordance with regulations on underground depth and overhead height, protect underground public works and comply with other relevant legal provisions.

- Carry out land registration declaration; complete all procedures when converting, transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital with land use rights according to the provisions of law.

- Fulfill financial obligations as prescribed by law.

- Implement soil protection measures.

- Comply with environmental protection regulations and do not harm the legitimate interests of relevant land users.

- Comply with the provisions of law on finding objects underground.

- Return land when the State decides to reclaim land, when the land use term expires without being extended by a competent state agency.

(Article 170 of the 2013 Land Law)