|
ORDINANCE ON
RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS LEASING LAND
IN VIETNAM
- Pursuant to Article 17, Article 18 an Article 19 of Constitution of the
Socialist Republic of Vietnam in 19992;
- Pursuant to Article 80 of the Land Law;
- This Ordinance shall stipulate the rights and obligations applicable to
foreign organizations and individuals who rent the land in Vietnam.
CHAPTER I
GENERAL PROVISION
Article 1. Foreign organizations and individuals who shall be leased the
land by the Vietnamese Government under this Ordinance comprising :
1. Any diplomatic representative offices, consular offices and other
foreign representative offices with diplomatic function;
2. Any offices representing the United Nation organizations in Vietnam,
any Inter-Governmental offices and organizations and representative offices
of the Inter-Governmental organizations;
3. Any foreign organizations and individuals making investment in Vietnam
under the Law on Foreign Investment in Vietnam.
Article 2. Any activities for land rental should be based upon the
International Treaty, on which has been signed or entered into by the
Socialist Republic of Vietnam, as well as on an investment license, on the
purposes of using land and on the operation period as stipulated by the Laws
of Vietnam.
Article 3. Any foreign organizations or individuals leasing land in
Vietnam should comply with regulations on management and utilization for the
land by the Laws of Vietnam, and shall be protected their legal rights and
interests by the Vietnamese State from any interruptions of other person; any
foreign organizations or individuals breaking the laws shall be treated in
accordance with the Laws of Vietnam.
In the event of the International Treaty, on which the Socialist Republic
of Vietnam has signed or entered into, stipulating in contrary to the
stipulations herein, it should be implemented in accordance with such
International Treaty.
Article 4. Any leasing land implemented by the foreign organizations or
individuals shall be made in the form of land leasing contract.
The contents and procedures for the land leasing contract shall be
stipulated by the Government.
Article 5. In case of the land, which has been leased to the foreign
organizations or individuals in accordance with stipulations in Points 2 and
3 of Article 1 of this Ordinance, is recovered prior to the expiration by the
Vietnamese Government for the interests of the nation or for security and
national defense purposes, such foreign organizations of individuals shall be
indemnified for the losses as stipulated by the Laws of Vietnam, except the
case of the land has been recovered prior to the expiry due to the foreign
organization or individual has broken the Laws of Vietnam on land management
and utilization.
CHAPTER II
Article 6. Any foreign organizations, who are leased the land by the
Vietnamese Government as stipulated in Points 1 and 2 of Article 1 herein,
shall be entitled ;
1. To use the land in accordance with the term and purposes of leasing;
2. To build any construction projects on the leased land according to a
permit issued by the Vietnamese authority agencies;
3. To own its construction projects built on the leased land during the
leasing term. The ownership of the construction projects after the expiration
of the leased land shall be stipulated in the land leasing contract;
4. To be protected by the State of Vietnam for the legal rights to use the
land;
5. To claim or accuse of any actions breaching the legal rights to use the
land;
In addition to the right as mentioned above, any foreign organization of
individuals shall be entitled to enjoy other right according to the
International Treaty which has been signed between the Vietnamese Government
and the Government of the nominated country or subject to the stipulations of
the land leasing contract in compliance with the Laws of Vietnam.
Article 7. Any foreign organizations or individuals, who invest in Vietnam
under the Law on Foreign Investment in Vietnam and leased the land by the
Vietnamese Government, shall be entitled :
1. To enjoy their invested result on the land ;
2. To mortgage the value of the right to use land attaching to its owned
assets, which has been put into the investment and construction on such land,
in a Vietnamese Bank during the land rental term as stipulated by the Laws of
Vietnam;
3. To sublease to invested owners, the land which has been completely
built infrastructure work, where of obtaining the permission to invest in
infrastructure construction project or to sublease the export processing
zones or industrial zones, subject to the stipulation of the Laws of Vietnam;
4. To enjoy benefits from public projects for protection and renovation of
the land;
5. To be protected by the Vietnamese State for the legal rights to use the
land;
6. To claim or accuse of any actions breaching the legal rights to use the
land;
7. To be given priority to considering for continue to lease the land when
expiration of the leasing term, if require.
CHAPTER III
Article 8. Foreign organizations and individuals leasing land in Vietnam
shall have obligations as follows :
1. To use the land in accordance with the purposes as stipulated in the
land leasing contracts and in other relevant stipulations;
2. To fulfill any financial obligations for land rental as stipulated by
the Laws of Vietnam;
3. To comply with the Laws of Vietnam on construction and environmental
protection, do not make any losses to the benefits of the Vietnamese State as
well as of the people living around, to obey any inspections of the use of
land by the Vietnamese State authority agencies;
4. Do not ruin the land or damage to the value of the land;
5. To return the unused land to the Vietnamese Government in accordance
with the Laws of Vietnam and subject to the agreement between the Vietnamese
Government and the lessee;
6. The representative offices of the united Nation organizations in
Vietnam, the Inter-Governmental offices and organizations, the representative
offices of the Inter-Governmental organizations, the foreign organizations
and individuals making investment in Vietnam under the Laws on Foreign
Investment in Vietnam, which are permitted to lease the land by the Vietnam
Governmental, shall comply with Decision of the Vietnamese Government on
recovering land under stipulations in article 26 of the Land Law and Article
5 of this Ordinance.
Article 9. Upon the expiration of the lease, if the lessee wishes to
extend the leased term, should apply for the extension and submit to the
Vietnamese Government
The Government shall stipulate the procedures for extension to be
applicable to each respective lessee.
Where any foreign in vested enterprises permitted to extend the lease by
the Vietnamese authority agencies, then the leased term shall be respectively
extended.
CHAPTER VI
EXECUTIVE PROVISIONS
Article 10. All provisions of this Ordinance shall also be applied to the
Vietnamese overseas, who settle outside Vietnam, making investment in Vietnam
as well as the joint venture enterprises whose the Vietnamese party
contribute the right to use land to the legal capital and the enterprises
with foreign joint venture leasing land in Vietnam.
Article 11. This Ordinance shall come into force from 1 January 1995.
Any previous regulations in contrary to this Ordinance shall be cancelled.
Article 12. The Government shall regulate for the implementation of this
Ordinance.
Hanoi, 14 October 1994
FOR THE NATIONAL ASSEMBLY
STANDING COMMITTEE
CHAIRMAN
NONG DUC MANH
Related news items Newer news items
Older news items |
