Vietnam: Latest Proposal on Land Use Rights for Vietnamese Settled Abroad

Vietnam: Latest Proposal on Land Use Rights for Vietnamese Settled Abroad

The draft law clearly states that the government agrees to regulate that Vietnamese individuals settled abroad with Vietnamese citizenship will have all the land-related rights as citizens residing within the country. The Ministry of Natural Resources and Environment has drafted certain provisions to amend the Land Law, which the government has submitted to the National Assembly’s Standing Committee.

Proposed Amendment to Land Use Rights for Vietnamese Settled Abroad

Regarding the rights and obligations concerning land use for Vietnamese settled abroad, the draft specifies that the government agrees to regulate that Vietnamese individuals settled abroad with Vietnamese citizenship are considered Vietnamese citizens and, therefore, have all the rights related to land as citizens residing within the country (individuals within the country).

Vietnamese settled abroad without Vietnamese citizenship will have rights and obligations as stipulated in the Land Law of 2013. Concerning the usage of the term “Vietnamese settled abroad who are not Vietnamese citizens according to nationality laws,” the Ministry of Natural Resources and Environment suggests using the term “Vietnamese origin individuals settled abroad,” as proposed by the government and specified in the Vietnamese Nationality Law.

The Vietnamese Nationality Law states that individuals settled abroad who are Vietnamese citizens and Vietnamese origin individuals residing permanently abroad are considered settled abroad.

Vietnamese origin individuals settled abroad are those who were Vietnamese citizens at birth based on bloodline and whose descendants are residing permanently abroad.

In addition, to inherit the provisions of the Land Law of 2013 to ensure legal stability, the government proposes to adjust the regulations on receiving land use rights.

Accordingly, Vietnamese-origin individuals settled abroad are allowed to enter Vietnam, purchase or lease residential houses attached to land use rights, receive residential land use rights within housing development projects and inherit residential land use rights and other types of land on the same plot with housing according to civil law regulations.

Gifts for residential houses attached to land use rights are allowed from individuals in the inheritance according to civil law regulations.

Maintaining Regulations on the Land Development Fund

Regarding the scope of receiving the transfer of land use rights of foreign-invested economic organizations, the draft emphasizes that the government agrees with the plan designed in the draft law sent by the National Assembly’s Standing Committee to the government on December 26, 2023.

Accordingly, the scope of receiving the transfer of land use rights of foreign-invested economic organizations remains as specified in the draft law submitted to the National Assembly in the 5th session.

For projects of foreign-invested economic organizations that are strategically important, focal points, or have a significant role in attracting foreign investment under the authority to decide, and approve investment policies of the National Assembly, the Prime Minister, the state shall reclaim land according to the provisions in clause 31, article 79 of the draft law.

Specifically, land reclamation for projects approved by the National Assembly, the Prime Minister, and the decision on investment policy according to legal regulations.

Regarding the land development fund, the draft clearly states that the government proposes to maintain the regulations on this matter in the draft amended Land Law submitted by the government to the National Assembly Standing Committee.

Accordingly, the land development fund is not a new policy but has been regulated since the Land Law of 2003 and the Land Law of 2013.

The land development fund is responsible for receiving capital from land use fees, land rent, proceeds from land use rights auctions, and mobilizing other sources as specified to invest and support in compensation, support, and resettlement; creating a land fund and developing the land fund to serve the economic and social development of the locality, etc.

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