Can Vietnamese people residing abroad who are leased land by the State and pay annual land rent contribute capital with land use rights?

Reply:According to Article 41 on Rights and obligations of people of Vietnamese origin residing abroad and economic organizations with foreign investment capital using land to implement investment projects in Vietnam of the 2024 Land Law, it is stipulated as follows:

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3. Overseas Vietnamese people and foreign-invested economic organizations that are leased land by the State and pay land rent once for the entire lease term; and foreign-invested economic organizations that are allocated land by the State and pay land use fees to implement projects have the following rights and obligations:

a. General rights and obligations stipulated in Articles 26 and 31 of this Law;

b. Transfer of land use rights and assets owned by oneself attached to the land during the land use term;

c. Lease or sublease land use rights and assets owned by oneself attached to the land during the land use term;

d. Mortgage land use rights and assets owned and attached to land at credit institutions licensed to operate in Vietnam;

d. Contribute capital using land use rights and assets owned by oneself attached to the land.

4. Economic organizations with foreign investment capital using land formed by foreign investors purchasing shares or capital contributions shall have the rights and obligations specified in Clauses 2 and 3 of this Article corresponding to the form of payment of land use fees and land rent.

5. Overseas Vietnamese and foreign-invested economic organizations using land to carry out investment projects in Vietnam are allocated land by the State, leased land and pay land rent in one lump sum for the entire lease term but are exempted or have land use fees and land rent reduced, have the rights and obligations stipulated in Clause 3, Article 33 of this Law.

Thus, in the case of Vietnamese people residing abroad who are leased land by the State and pay land rent at once for the entire lease term, they can contribute capital using land use rights and assets owned by them attached to the land..