What are the rights and obligations of an enterprise receiving a transfer of land use rights?
May I ask, according to the 2024 Land Law, what are the rights and obligations of an enterprise receiving a transfer of land use rights? This is a matter of concern for Mr. Nguyen Van Hoa (Do Luong, Nghe An).
Reply:Article 35 of the 2024 Land Law stipulates the rights and obligations of economic organizations receiving land use rights transfers and land use purpose changes as follows:
1. Economic organizations receiving land use rights transfers or land use purpose changes have the general rights and obligations prescribed in Articles 26 and 31 of this Law.
2. Economic organizations that receive the transfer of land use rights originating from land allocated by the State with land use fees collected or land leased by the State with one-time land rental fees collected for the entire lease term have the rights and obligations specified in Clause 1, Article 33 of this Law.
3. Economic organizations that receive the transfer of agricultural land use rights in accordance with the provisions of law have the following rights and obligations:
a) In case of receiving transfer but not changing land use purpose, the rights and obligations are stipulated in Clause 1, Article 33 of this Law;
b) In case of receiving transfer and changing land use purpose in cases where the State allocates land with land use fee collection or leases land with one-time land rental payment for the entire lease term, the rights and obligations specified in Clause 1, Article 33 of this Law shall be fulfilled;
c) In case of receiving transfer and changing land use purpose in case of land lease by the State with annual land rent payment, the rights and obligations are stipulated in Article 34 of this Law.
4. The rights and obligations of economic organizations using land that are permitted by competent state agencies to change the land use purpose from land without land use fee collection to land with land use fee collection or land lease are stipulated as follows:
a) In the case of land allocation by the State with land use fee collection or land lease with one-time land rental payment for the entire lease term, the rights and obligations are stipulated in Clause 1, Article 33 of this Law;
b) In the case of land lease by the State with annual land rent collection, the rights and obligations are stipulated in Clause 1, Article 34 of this Law.
Thus, according to the 2024 Land Law, enterprises receiving land use rights transfer have the above rights and obligations.
