What rights and obligations do foreign organizations with diplomatic functions have in land use?
Currently, what are the rights and obligations of foreign organizations with diplomatic functions in land use? Which legal documents regulate this issue?
Reply: Article 40 of the 2024 Land Law stipulates the rights and obligations of foreign organizations with diplomatic functions:
1. Foreign organizations with diplomatic functions using land in Vietnam have the following rights and obligations:
a) General rights and obligations stipulated in Articles 26 and 31 of this Law;
b) Constructing works on land under the license of competent Vietnamese state agencies;
c) Own the constructions built on leased land during the land lease term;
d) The return of land and transfer of land use rights by foreign organizations with diplomatic functions when they no longer need to use the land for the purpose for which they have leased it shall be carried out in accordance with international treaties, international agreements and provisions of law.
2. In case an international treaty to which the Socialist Republic of Vietnam is a member has different provisions, a foreign organization with diplomatic functions has rights and obligations according to that international treaty.
Thus, compared to the 2013 Land Law, the 2024 Land Law has additional provisions on the return of land and transfer of land use rights of foreign organizations with diplomatic functions when they no longer need to use the land for the purpose for which they have leased it, in accordance with international treaties, international agreements and provisions of law.
