Rights and obligations of religious organizations that are allocated land by the State without collecting land use fees?
Question: How does the 2024 Land Law regulate the rights and obligations of religious organizations that are allocated land by the State without collecting land use fees? This is a matter of concern for Mr. Tran Van Tuan (Quynh Luu, Nghe An).
Reply:Land allocation without land use fee collection is a form of land allocation by the State to individuals or organizations in which the land recipient does not have to pay land use fee to the State.
According to Article 32 of the Land Law, the rights and obligations of domestic organizations, religious organizations, and affiliated religious organizations that are allocated land by the State without collecting land use fees are as follows:
1. Domestic organizations, religious organizations, and affiliated religious organizations that are allocated land by the State without collecting land use fees have the general rights and obligations prescribed in Articles 26 and 31 of this Law.
2. Domestic organizations, religious organizations, and affiliated religious organizations that are allocated land by the State without collecting land use fees do not have the right to convert, transfer, donate, lease land use rights, mortgage, or contribute capital using land use rights.
Specifically:
* The rights of religious organizations and affiliated religious organizations to use land allocated by the State without collecting land use fees
- Granted a Certificate of land use rights and ownership of assets attached to land when meeting all conditions according to the provisions of the law on land.
- Enjoy the fruits of labor and investment results on legally used land.
- Enjoy benefits when the State invests in protecting, improving and developing agricultural land.
- Receive guidance and assistance from the State in improving and restoring agricultural land.
- Be protected by the State when others violate your legitimate rights and interests regarding land.
- Right to change land use purpose according to the provisions of the 2024 Land Law and other relevant legal provisions.
- Receive compensation, support, and resettlement when the State reclaims land according to the provisions of the 2024 Land Law.
- Complain, denounce, and sue about violations of one's legal land use rights and other violations of land laws.
* Obligations of religious organizations and affiliated religious organizations using land allocated by the State without collecting fees
- Use land for the right purpose, within the right plot boundaries, in accordance with regulations on underground depth and overhead height, protect underground public works and comply with other relevant legal regulations.
- Carry out land registration declaration; fully carry out procedures when converting, transferring, leasing, subleasing, inheriting, donating land use rights, mortgaging, and contributing capital using land use rights according to the provisions of law.
- Perform financial obligations on land according to the provisions of law.
- Implement measures to protect land; treat, improve and restore land in polluted and degraded areas caused by oneself.
- Comply with environmental protection regulations, do not damage the property and legitimate interests of relevant land users.
- Comply with the law on finding objects underground.
- Hand over land when the State decides to reclaim land according to the provisions of law.
Note: Religious organizations and affiliated religious organizations that are allocated land by the State without collecting land use fees do not have the right to convert, transfer, donate, lease land use rights, mortgage, or contribute capital using land use rights.
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