The Land Law 2024 has contributed to expanding the land use rights of overseas Vietnamese with many outstanding points.
Broader regulations on land users
Pursuant to Clause 6 Articles 5 of the 2013 Land Law, land users include “6. Overseas Vietnamese as prescribed by the nationality law”. However, the provisions in Clauses 3 and 6, Articles 4 of the 2024 Land Law provide broader regulations on land users, including: “3. Domestic individuals and Vietnamese residing abroad that are Vietnamese citizens (hereinafter referred to as individuals); 6. Persons of Vietnamese descent residing overseas;”
2024 Land Law facilitates overseas Vietnamese in comparison to 2013 Land Law when dividing this group of Vietnamese into two separate groups by nationality, there are: (1) overseas Vietnamese (with Vietnamese citizenship), and (2) overseas persons of Vietnamese descent (without Vietnamese citizenship).
Land use rights of overseas Vietnamese
The Land Law 2024 stipulates that Vietnamese people residing abroad with Vietnamese citizenship have the same rights and obligations to use land as domestic citizens, including:
- Rights and obligations of citizens regarding land;
- General rights of land users;
- Rights and obligations of individuals using land;
- The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital;…
The expansion of land use rights to Vietnamese people residing abroad who are Vietnamese citizens, including regulations on receiving land use rights, creates conditions for them to directly participate in domestic real estate transactions, … avoids the inadequacies like before when wanting to use land in the country, Vietnamese people residing abroad had to ask domestic relatives to carry out the transfer transaction in their name. There were many disputes arising from asking someone to take on the transfer and management of this land use right.
More land use rights for overseas persons of Vietnamese descent
Overseas persons of Vietnamese descent maintain the rights regarding land of “overseas Vietnamese” of 2013 Land Law which supplements several new rights. In other words has the right as follows:
- Receiving land use rights for “residential land” in the form of purchase, hire-purchase, receipt of inheritance, receipt of gifts being residential housing attached to such land use rights;
- Receiving the land use rights for “residential land in projects on development of residential housing”;
- Receiving inheritance of land use rights for “residential land and other types of land” within the same land lot with residential housing under civil laws;
- Receiving gifts being residential housing attached to land use rights of heirs under civil laws.
With these new outstanding points, overseas Vietnamese will have more opportunities and conditions to participate and positively impact the market. real estate, land use rights transfer market, promoting economic development.
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– Nguyễn Hương Huyền –