Can a person who is leased land by the State and pays annual land rent mortgage the property attached to the land at the Bank?
Question: I am leased land by the State and pay annual land rent. So according to current regulations, can I mortgage the property attached to the land at the Bank? This is a matter of concern for Ms. Nguyen Thi Dung (Vinh City, Nghe An).
Reply: According to Clause 2, Article 37 of the 2024 Land Law, individuals who are leased land by the State and pay annual land rent have the following rights and obligations:
- General rights and obligations stipulated in Articles 26 and 31 of the 2024 Land Law;
- Sell assets owned by oneself attached to land, sell assets owned by oneself attached to land and lease rights in land lease contracts when meeting the conditions specified in Article 46 of the 2024 Land Law. The buyer of assets attached to land and lease rights in land lease contracts may continue to lease land according to the determined purpose and the remaining land use term according to the determined purpose; inherit the rights and obligations of land users according to the provisions of the 2024 Land Law and relevant laws;
- To inherit or donate property owned by oneself attached to land and lease rights in a land lease contract; the inheritor or donee of property and lease rights in a land lease contract shall continue to be leased land by the State for the determined purpose;
- Lease out assets owned by oneself attached to land, sublease lease rights in land lease contracts;
- Mortgage assets owned by oneself attached to land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals according to the provisions of law;
- Contribute capital using assets owned by oneself attached to land during the land lease term with organizations, individuals, and people of Vietnamese origin residing abroad; the recipient of capital contribution using assets will continue to be leased land by the State for the determined purpose during the remaining term.
Thus, individuals who are leased land by the State and pay annual land rent are allowed to mortgage their assets attached to the land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals according to the provisions of law.
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