Regulations concerning land for commercial and service purposes, and land for non-agricultural production facilities.
Mr. Nguyen Van An, residing in Nam Dan district, asks: What are the regulations regarding commercial land, service land, and non-agricultural production land in the 2024 Land Law? What forms of use do economic organizations and individuals have for commercial land, service land, and non-agricultural production land?
Reply:
Article 206,Land LawThe 2024 regulations stipulate land for commercial and service purposes, and land for non-agricultural production facilities.as follows?
1. Commercial and service land includes land for constructing commercial and service business establishments and other facilities serving commercial and service activities.
Non-agricultural production land includes land for constructing non-agricultural production facilities located outside industrial parks and clusters.
2. The use of land for commercial, service, and non-agricultural production facilities must conform to land use plans, urban construction plans, and rural residential area construction plans approved by competent authorities, as well as environmental protection regulations.
3. Economic organizations and individuals using commercial, service, and non-agricultural production land through the following forms: State land lease; receiving land use rights transfer, land lease, sublease, receiving capital contributions in the form of land use rights from other economic organizations, individuals, and people of Vietnamese origin residing abroad; subleasing land associated with infrastructure from economic organizations with foreign investment capital.
- People of Vietnamese origin residing abroad use commercial, service, and non-agricultural production land through the following forms: State land lease; land lease, sublease from economic organizations, individuals, and people of Vietnamese origin residing abroad; and sublease of land with infrastructure from economic organizations with foreign investment.
-Vietnamese nationals residing abroad who fall under the provisions of Clause 1, Article 44 of this Law are entitled to inherit or be gifted the right to use land for the construction of commercial, service, and non-agricultural production facilities.
- Foreign-invested economic organizations may use commercial, service, and non-agricultural production land through the following forms: State land lease; land lease, sublease from economic organizations or Vietnamese people residing abroad; sublease land with infrastructure from foreign-invested economic organizations; and receive capital contributions in the form of land use rights from economic organizations, other foreign-invested economic organizations, or Vietnamese people residing abroad.
