How are the rights and obligations of economic organizations to which the State leases land and collects annual fees regulated?
Question: Our enterprise is an economic organization that is leased land by the State and collects annual land rent. What are our rights and obligations? This is a matter of concern for Ms. Phan Thu Thao (Vinh City, Nghe An).
Reply: Clause 1, Article 34 of the 2024 Land Law mentions that economic organizations, religious organizations, and affiliated religious organizations that are leased land by the State and pay annual land rent have the following rights and obligations:
a. General rights and obligations stipulated in Articles 26 and 31 of this Law;
b. Mortgage assets owned by oneself attached to land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals in accordance with the provisions of law;
c. Sell one's own assets attached to land, sell one's own assets attached to land and lease rights in a land lease contract when meeting the conditions specified in Article 46 of this Law. The buyer of assets attached to land and lease rights in a land lease contract may continue to lease the land for the determined purpose and remaining land use term, and inherit the rights and obligations of the land user according to the provisions of this Law and other relevant provisions of law;
d. Contribute capital with assets owned by oneself attached to the land during the land lease term; the recipient of the capital contribution with assets shall continue to be leased land by the State for the determined purpose for the remaining term;
d. Leasing of assets owned by oneself attached to land and lease rights in land lease contracts;
e. Subleasing land use rights in the form of annual land rental payment for land with completed infrastructure construction in cases where investment in construction and business of infrastructure for land in industrial parks, industrial clusters, and high-tech zones is permitted; the sublessee of land use rights must use the land for the right purpose and fulfill financial obligations as prescribed by law.
