Conditions for selling assets attached to land leased by the State with annual payment according to the latest Law?

Reply: Pursuant to Clause 1, Article 46 of the 2024 Land Law (effective from August 1, 2024), the conditions for selling assets attached to land and lease rights in land lease contracts are stipulated as follows:

1. Economic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital are allowed to sell assets attached to land leased by the State and collect annual land rent when meeting all of the following conditions:

a) Assets attached to leased land are legally established and have been registered in accordance with the provisions of law;

b) Construction has been completed in accordance with the detailed construction plan and approved investment project (if any), except in cases where it must be implemented in accordance with a court judgment or decision that has come into force, an enforcement decision of a civil enforcement agency or a conclusion of a competent state agency on inspection and examination.

2. Economic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital that are leased land by the State and pay annual land rent are allowed to sell assets attached to the land and lease rights in the lease contract when meeting all of the following conditions:

a) The conditions specified in Clause 1 of this Article;

b) Compensation, support and resettlement money has been advanced but not fully deducted from the land rent payable.