Comparison of the Rights and Obligations of Domestic Economic Organization under the Land Law 2013 and the Land Law 2024
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In this post, we compare the rights and obligations of land users being domestic economic organizations (Domestic EOs) according to Land Law 2013 and Land Law 2024. Our comparison is provided in the contexts of land allocation/land lease with one-off rental payment and land lease with annual rental payment.
This post is written by Cao Khanh Linh, Nguyen Hoang Duong, and Nguyen Quang Vu.
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Detailed rights and obligations |
Land allocation or land lease with a one-off payment |
Land lease with annual rental payment |
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Land Law 2013 |
Land Law 2024 |
Land Law 2013 |
Land Law 2024 |
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Rights of the EO |
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Being issued with LURCs |
Yes |
Yes |
Yes |
Yes |
|
Enjoying the fruits of labor, results of investment on the land |
Yes |
Yes |
Yes |
Yes |
|
Enjoying the benefits of land protection and agricultural land improvement by the State |
Yes |
Yes |
Yes |
Yes |
|
Being guided and assisted by the State in improving and enriching/recovering agricultural land |
Yes |
Yes |
Yes |
Yes |
|
Being entitled to the State’s protection when others infringe upon one's lawful rights and interests concerning their land |
Yes |
Yes |
Yes |
Yes |
|
Being entitled to change the land use purpose complying with the land law and other relevant regulations |
Yes. But the law does not expressly recognize this is a right of Domestic EO |
Yes |
Yes. But the law does not expressly recognize this is a right of Domestic EO |
Yes |
|
Being compensated when the State reclaims land according to the land law |
Yes |
Yes. Additionally, the Domestic EO may enjoy the State’s support and relocation |
Yes |
Yes. Additionally, the Domestic EO may enjoy the State’s support and relocation |
|
Filing complaints, reports, or lawsuits regarding infringements upon one's lawful land use rights and other actions breaching the Land Law |
Yes |
Yes |
Yes |
Yes |
|
Transferring LURs |
Yes |
Yes |
No |
No |
|
Transferring assets attached to the land |
Yes |
Yes |
Yes |
Yes |
|
Transferring lease right in lease land agreement |
No |
No |
No |
Yes. The lease right must be transferred together with transfer of assets attached to land |
|
Leasing LURs |
Yes |
Yes |
No |
No |
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Leasing LURs with ready-built infrastructures in investment projects for development of industrial zones, industrial clusters, export processing zones, high-tech zones, and economic zones |
Yes |
Yes |
Yes |
Yes |
|
Leasing assets attached to the land |
Yes |
Yes |
Yes |
Yes. Additionally, Domestic EOs may lease assets attached to the lease rights in land lease agreements |
|
Transferring LURs as gifts |
Yes |
Yes |
No |
No |
|
Mortgaging LURs to credit institutions permitted to operate in Vietnam |
Yes |
Yes |
No |
No |
|
Mortgaging LURs to other Domestic EOs or individuals according to the laws |
No |
Yes |
No |
No |
|
Mortgaging assets attached to land to credit institutions permitted to operate in Vietnam |
Yes |
Yes |
Yes |
Yes |
|
Mortgaging assets attached to other Domestic EOs or individuals according to the laws |
No |
Yes |
No |
Yes |
|
Making capital contribution in form of LURs |
Yes |
Yes |
No |
No |
|
Making capital contribution in form of assets attached to land |
Yes |
Yes |
Yes |
Yes |
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Obligations of the EO |
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Using land for its intended purpose, within the boundaries of the land parcel, adhering to regulations regarding depth of land use and height above ground, protecting public structures within the land, and complying with other relevant regulations |
Yes |
Yes |
Yes |
Yes |
|
Completing land registration procedures; fulfilling all necessary procedures when converting, transferring, leasing, subleasing, inheriting, gifting land use rights; mortgaging, contributing capital with land use rights according to the laws |
Yes |
Yes |
Yes |
Yes |
|
Performing financial obligations related to land as stipulated by law |
Yes |
Yes |
Yes |
Yes |
|
Implementing measures to protect land |
Yes |
Yes. Additionally, Domestic EOs must handle, improve and restore land in areas affected by pollution or degradation caused by themselves |
Yes. |
Yes. Additionally, Domestic EOs must handle, improve and restore land in areas affected by pollution or degradation caused by themselves |
|
Complying with regulations on environmental protection, not causing harm to the legitimate interests of related Domestic EO |
Yes |
Yes |
Yes |
Yes |
|
Complying with the legal provisions regarding the discovery of objects within the land |
Yes |
Yes |
Yes |
Yes |
|
Returning the land when it is reclaimed by the State |
Yes |
Yes |
Yes |
Yes |