Does the 2024 Land Law allow people of Vietnamese origin residing abroad to mortgage land use rights?
Does the 2024 Land Law allow people of Vietnamese origin residing abroad to mortgage land use rights?. A matter of concern for Ms. Bui Thi Xuan (Vinh City, Nghe An).
Reply:Pursuant to Article 44 of the 2024 Land Law, the rights and obligations regarding land use of people of Vietnamese origin residing abroad who are allowed to own houses in Vietnam; foreigners or people of Vietnamese origin residing abroad who are not eligible to own houses attached to land use rights in Vietnam:
1. Overseas Vietnamese who are allowed to enter Vietnam are allowed to own houses attached to land use rights in Vietnam; have land use rights through receiving land use rights transfer in housing development projects.
2. Overseas Vietnamese people specified in Clause 1 of this Article have the following rights and obligations:
a) General rights and obligations prescribed in Articles 26 and 31 of this Law;
b) Transferring land use rights when selling, donating, bequeathing, or exchanging houses to organizations, individuals, or people of Vietnamese origin residing abroad who are eligible to own houses in Vietnam; donating houses attached to land use rights to the State, residential communities, or donating them to build houses of gratitude, charity, or solidarity. In case of donating or bequeathing them to people who are not eligible to own houses in Vietnam, these people will only enjoy the value of the house attached to the land use rights and will not be granted a Certificate of land use rights or ownership of assets attached to the land;
c) Transfer, lease, donate, bequeath, and contribute capital using land use rights according to the provisions of this Law;
d) Mortgage of housing attached to land use rights at a credit institution licensed to operate in Vietnam.
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According to the above regulations, people of Vietnamese origin residing abroad have the right to mortgage houses attached to land use rights at credit institutions licensed to operate in Vietnam. Therefore, people of Vietnamese origin residing abroad are only allowed to mortgage houses attached to land use rights but not to mortgage land use rights.
.jpg "Quy định về đính chính, thu hồi, hủy giấy chứng nhận đã cấp theo Luật Đất đai 2024")
.jpg "Các trường hợp không được cấp Giấy chứng nhận quyền sử dụng đất theo Luật Đất đai 2024")
