Vietnamese legal regulations vRegarding land use rights of foreigners

Reply:

Currently, foreigners are understood to include two groups: foreigners residing in Vietnam and foreigners not residing in Vietnam.

According to Clause 5, Article 3 of the Law on Vietnamese Nationality (Law No. 24/2008/QH12, November 13, 2008) stipulates: Foreigners residing in Vietnam are foreign citizens and permanent resident stateless persons. or temporarily residing in Vietnam

Regarding land users, it is stipulated in Article 5 of the Land Law 2013 (Law No. 45/2013/QH13, November 29, 2013) as follows:

“Article 5. Land users

Land users who are allocated land, lease land, have land use rights recognized, or receive land use rights transferred by the State according to the provisions of this Law, include:

1. Domestic organizations include state agencies, people's armed units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, and social organizations associations, socio-professional organizations, public service organizations and other organizations according to the provisions of civil law (hereinafter collectively referred to as organizations);

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

3. Residential community includes the Vietnamese community living in the same village, village, hamlet, village, hamlet, hamlet, hamlet, residential group and similar residential area with the same customs, practices or similar common lineage;

4. Religious facilities include pagodas, churches, chapels, shrines, mosques, Buddhist temples, monasteries, separate religious training schools, headquarters of religious organizations and other religious facilities ;

5. Foreign organizations with diplomatic functions include diplomatic representative agencies, consulates, and other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government; representative agency of an organization of the United Nations, intergovernmental agency or organization, representative agency of an intergovernmental organization;

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

7. Foreign-invested enterprises include 100% foreign-invested enterprises, joint-venture enterprises, and Vietnamese enterprises in which foreign investors buy shares, merge, and acquire according to the provisions of law. investment law".

According to this regulation, foreigners in the country or abroad are not eligible to use land, have land allocated by the State, lease land, have land use rights recognized, or receive land use rights transfer. .

At the same time, according to Clause 3, Article 186 of the Land Law 2013, if all inheritors of land use rights, ownership of houses, and other assets attached to land are foreigners, this person will not be granted a Book. Red but transfer or gift of inherited land use rights as follows:

a) Transfer of land use rights: The inheritor is named as the transferor in the land use rights transfer contract;

b) Donating land use rights: The donor must be the State or the residential community to build works to serve the common interests of the community, donate gratitude houses attached to land and be legal. housing law. In particular, the foreigner is named as the donor in the contract or donation commitment document.

c) Haven't transferred or donated land use rights: Foreigners submit documents on receiving inheritance at the land registration agency to update the cadastral book.

Thus, according to the above regulations, with land use rights, foreigners will not be named on the Red Book.