Do Vietnamese people residing abroad have land use rights extended?

1. General overview

The Land Law (amended) 2024 has expanded land use rights for Vietnamese residing abroad, regulating land policy for Vietnamese residing abroad who are Vietnamese citizens the same as domestic individuals.

This will be one of the factors that positively impacts the real estate market and land use rights transfer market, promoting economic development.

On January 18, 2024, the National Assembly voted to pass the Land Law (amended) 2024 including 16 chapters and 260 articles. One of the five groups of major changes in the Land Law (amended) is the group expanding land use rights for Vietnamese people residing abroad who are Vietnamese citizens and people of Vietnamese origin residing abroad. .

Different from the regulation "Land users" in Clause 6, Article 5 of the 2013 Land Law: "Land users are allocated land, leased land, recognized land use rights, and receive transfer of land use rights according to the State. provisions of this Law, including:... Vietnamese people residing abroad according to the provisions of the law on nationality", Clause 3, Clause 6, Article 4 of the Land Law (amended) 2024 stipulates: " Land users The State has allocated land, leased land, and recognized land use rights; is using land stably and is eligible for a Certificate of land use rights and ownership of assets attached to land but has not yet been granted a Certificate of land use rights and ownership of assets attached to land. issuance of Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, ownership of houses and other assets attached to land, Certificate of land use rights land use, ownership of assets attached to land; receiving use rights land; re-land according to the provisions of this Law, including:…

… - Domestic individuals, Vietnamese residing abroad are Vietnamese citizens (hereinafter referred to as individuals);

- People of Vietnamese origin residing abroad;".

Synchronized with the provisions of Clause 3 and Clause 4, Article 3; Clause 1, Article 5 of the 2008 Law on Nationality (still in effect), Vietnamese people residing abroad include Vietnamese citizens and people of Vietnamese origin residing and living permanently abroad.

The Land Law 2024 has more clearly defined land users who are Vietnamese residing abroad, including Vietnamese residing abroad who are Vietnamese citizens and people of Vietnamese origin residing abroad, along with Specific and detailed regulations expanding land use rights and obligations, land management and use regimes for these two subjects.

2.  Directly participate in real estate transactions

The Land Law 2024 stipulates that Vietnamese people residing abroad with Vietnamese nationality are Vietnamese citizens, have the same rights and obligations to use land as domestic individuals, collectively referred to as individuals.

Rights and obligations of citizens regarding land; general rights of land users; individual rights and obligations to use land; the right to convert, transfer, lease, sublease, inherit, donate land use rights, mortgage, and contribute capital with land use rights; receive land use rights; The rights and obligations of individuals using land, including domestic individuals and Vietnamese residing abroad who are Vietnamese citizens, are equal and equal.

The expansion of land use rights to Vietnamese people residing abroad who are Vietnamese citizens, including regulations on receiving land use rights, creates conditions for them to directly participate in domestic real estate transactions. ... avoid the inadequacies like before when wanting to use land in the country, Vietnamese people residing abroad had to ask domestic relatives to carry out the transfer transaction in their name. Many disputes arose from asking someone to do the transfer. take on the transfer and management of this land use right.

For people of Vietnamese origin residing abroad, land use rights have been expanded more specifically and in more detail in Articles 41, 43, 44 of the 2024 Land Law:

3. To use land to carry out investment projects

People of Vietnamese origin residing abroad who are allocated land by the State with land use fees are entitled to transfer their land use rights and assets attached to the land; leasing land use rights and assets owned by them attached to land; sublease land use rights and assets owned by them attached to land in cases where the State leases land with a one-time rental fee for the entire lease period; donating land use rights to the State; donating land use rights to residential communities to build works that serve the common interests of the community or expand roads according to planning; donating land use rights to build gratitude houses, charity houses, and great solidarity houses attached to land according to the provisions of law; mortgage land use rights and assets owned by them attached to land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals according to the provisions of law; Contribute capital with land use rights and assets attached to land to domestic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital according to regulations. provisions of the law.

People of Vietnamese origin residing abroad who are leased land by the State with annual land rental payments may mortgage their owned assets attached to the land at credit institutions licensed to operate in Vietnam; Contribute capital with your own assets attached to land. The recipient contributes capital with assets that are leased land by the State for the specified purpose for the remaining term; sell and lease assets owned by them attached to land and lease rights in land lease contracts. In case of selling property owned by one and having the right to rent in a land lease contract, the conditions specified in Article 46 of this Law must be met. The buyer of assets attached to land and lease rights in a land lease contract may continue to lease land according to the determined purpose and remaining land use term, and has the rights and obligations of a land user according to regulations. provisions of this Law and relevant laws; subleasing land use rights in the form of annual land rental payments for land that has completed infrastructure construction in cases where investment in construction and business of infrastructure is allowed for industrial park land, industrial clusters, high-tech parks; The sublessee of land use rights must use the land for the right purpose and fulfill financial obligations according to regulations.

People of Vietnamese origin residing abroad are leased land by the State with a one-time rental fee for the entire lease period; Foreign-invested economic organizations that are allocated land by the State with collection of land use fees to implement projects have the right to: Transfer land use rights and assets owned by them attached to land within a period of time. land use; lease or sublease land use rights and assets owned by them attached to land during the land use term; mortgage land use rights and assets owned by them attached to land at credit institutions licensed to operate in Vietnam; Contribute capital with land use rights and assets owned by you attached to land.

4. Own a house, associated with conditional residential land use rights

People of Vietnamese origin residing abroad who are allowed to enter Vietnam are allowed to own houses associated with residential land use rights in Vietnam; have residential land use rights due to receiving transfer of residential land use rights in housing development projects; to transfer residential land use rights when selling, donating, inheriting, or exchanging housing for organizations, individuals, and people of Vietnamese origin residing abroad who are eligible to own housing in Vietnam; Donate housing associated with residential land use rights to the State, residential community, donate to make houses of gratitude, houses of love, houses of great solidarity. In case of donation or inheritance to a subject who is not allowed to own a house in Vietnam, this subject will only enjoy the value of the house attached to residential land use rights and will not be granted a Certificate of Use Rights. land, ownership of assets attached to land;

The transfer, lease, donation, inheritance, capital contribution of residential land use rights according to the provisions of this Law; People of Vietnamese origin residing abroad have the right to mortgage houses attached to residential land use rights at credit institutions licensed to operate in Vietnam...

5. Use of land in industrial parks, industrial clusters, and high-tech parks

People of Vietnamese origin residing abroad who receive transfer of land use rights in industrial parks, industrial clusters, and high-tech zones have the following rights and obligations:

Transfer of land use rights and assets attached to the land; leasing land use rights and assets attached to land under their ownership in cases where land is allocated by the State with collection of land use fees; sublease land use rights and assets owned by them attached to land in cases where the State leases land with a one-time rental fee for the entire lease period; donating land use rights to the State; donating land use rights to residential communities to build works that serve the common interests of the community or expand roads according to planning; donating land use rights to build gratitude houses, charity houses, and great solidarity houses attached to land according to the provisions of law; mortgage land use rights and assets owned by them attached to land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals according to the provisions of law; Contribute capital with land use rights and assets attached to land to domestic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital according to regulations. provisions of the law…

Article 18 of the 2013 Constitution stipulates: Vietnamese people residing abroad are an inseparable part of the Vietnamese ethnic community. The State of the Socialist Republic of Vietnam encourages and creates conditions for Vietnamese people residing abroad to preserve and promote Vietnamese national cultural identity, maintain close relationships with family and homeland, and contribute to building homeland, country.

In the spirit of the Constitution, the Land Law (amended) in 2024 has expanded land use rights for Vietnamese people residing abroad, regulating land policy for Vietnamese people residing abroad as Vietnamese citizens are the same as domestic individuals; Specify, detail, and open conditions for people of Vietnamese origin residing abroad to use land to carry out investment projects in Vietnam, and to own housing associated with residential land use rights. In Vietnam, land use in industrial parks, industrial clusters, and high-tech zones.

Vietnamese people residing abroad who are Vietnamese citizens and people of Vietnamese origin residing abroad will have more opportunities and conditions to participate and have a positive impact on the real estate market and the rights transfer market. land use, promoting economic development.