How does the 2024 Land Law regulate land use rights?

Reply:
According to Article 28 of the Land Law, the provisions on receiving land use rights are as follows:
1. The recipient of land use rights is defined as follows:
a. Individuals who are allowed to receive land use rights conversion as prescribed in Point b, Clause 1, Article 37 of this Law;
b. Economic organizations and individuals are allowed to receive land use rights transfer;
c. Economic organizations with foreign investment capital and people of Vietnamese origin residing abroad who are allowed to enter Vietnam are allowed to receive transfers of land use rights in industrial parks, industrial clusters, and high-tech zones;
d. Economic organizations with foreign investment capital are allowed to receive the transfer of investment capital in the form of land use rights value according to Government regulations;
d. Economic organizations and economic organizations with foreign investment capital receiving capital contributions in the form of land use rights;
e. Domestic organizations, individuals and communities are granted land use rights as gifts in accordance with the provisions of this Law;
g. Domestic organizations, individuals, and communities are entitled to inherit land use rights;
h. Overseas Vietnamese who are permitted to enter Vietnam are allowed to buy, lease-purchase houses attached to land use rights, receive land use rights in housing development projects; inherit land use rights and other types of land on the same plot of land with houses according to the provisions of civil law; receive gifts of houses attached to land use rights from heirs according to the provisions of civil law;
i. Domestic organizations, individuals, residential communities, religious organizations, affiliated religious organizations, and people of Vietnamese origin residing abroad are allocated land by the State; economic organizations with foreign investment capital are allocated land by the State to carry out investment projects to build houses for sale or for sale combined with rent;
k. Economic organizations, public service units, religious organizations, affiliated religious organizations, individuals, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital, foreign organizations with diplomatic functions that are leased land by the State;
l. Domestic organizations, individuals, residential communities, religious organizations, and affiliated religious organizations whose land use rights are recognized by the State for land that is being used stably;
m. Domestic organizations, individuals, people of Vietnamese origin residing abroad who are allowed to enter Vietnam, economic organizations with foreign investment capital who are entitled to receive land use rights according to the results of successful conciliation of land disputes recognized by the People's Committee of competent authority; agreements in mortgage contracts for debt settlement; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, judgments and decisions of the Court, decisions on enforcement of judgments of enforcement agencies that have been enforced; decisions or awards of the Vietnam Commercial Arbitration; documents recognizing the results of auctions of land use rights in accordance with the law; documents on division and separation of land use rights in accordance with the law for groups of land users who share land use rights;
n. Residential communities, religious organizations, and affiliated religious organizations are entitled to receive land use rights according to the results of successful conciliation of land disputes recognized by the People's Committee of competent authority; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, judgments and decisions of the Court, and decisions on enforcement of judgments of enforcement agencies that have been enforced; decisions or awards of the Vietnam Commercial Arbitration;
o. Domestic organizations are legal entities newly formed through division, separation, merger, consolidation, or conversion of organizational models according to decisions of competent agencies or organizations or documents on division, separation, merger, consolidation, or conversion of organizational models of economic organizations in accordance with the law. They are entitled to receive land use rights from organizations that are legal entities that are divided, separated, merged, consolidated, or converted.

2. Domestic organizations and individuals are allowed to receive land use rights transfers according to the provisions of law regardless of their place of residence or head office, except for the cases specified in Clause 8, Article 45 and Article 48 of this Law.

3. For areas with limited access to land, the receipt of land use rights as prescribed in Clauses 1 and 2 of this Article shall be carried out in accordance with the procedures prescribed by the Government.