What rights do economic organizations have when receiving capital contributions in the form of land use rights from individuals?

Reply: According to the provisions of Article 36, the 2024 Land Law stipulates the rights and obligations of economic organizations receiving capital contributions in the form of land use rights as follows:

Article 36: Rights and obligations of economic organizations receiving capital contributions in the form of land use rights; land use rights of economic organizations upon dissolution or bankruptcy

1. An economic organization that receives capital contributions in the form of land use rights from individuals or other economic organizations shall have the rights and obligations prescribed in Article 33 of this Law in the following cases:

a) Land of economic organizations contributing capital is sourced from being allocated by the State with land use fees collected or being leased by the State with one-time land rent collected for the entire lease term, or from receiving land use rights transfer;

b) Land contributed by individuals that is not land leased by the State and collects annual land rent.

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Thus, economic organizations that receive capital contributions in the form of land use rights from individuals in cases where the land contributed by individuals is not land leased by the State and annual land rent is collected, have the following rights and obligations:

- General rights of land users in Article 26, Land Law 2024 and general obligations of land users in Article 31, Land Law 2024;

- Transfer of land use rights and assets owned by oneself attached to the land;

- Leasing land use rights and assets owned by oneself attached to land in cases where the State allocates land with land use fees collected; subleasing land use rights and assets owned by oneself attached to land in cases where the State leases land with one-time land rent collection for the entire lease term;

- Donate land use rights to the State; donate land use rights to residential communities to build works serving the common interests of the community or expand traffic routes according to planning; donate land use rights to build gratitude houses, charity houses, and solidarity houses attached to the land according to the provisions of law;

- Mortgage land use rights and 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 in the form of land use rights and assets owned by oneself attached to land to domestic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital in accordance with the provisions of law.