Can FDI enterprises receive land use rights transfer?

Article overview

FDI enterprises can receive land use rights transfer in certain cases, whether or not will depend on the provisions of Vietnamese law. Receiving the transfer of land use rights will bring opportunities for foreign investment enterprises to expand production, business and develop infrastructure. The article below will answer specifically and in detail whether FDI enterprises can receive land use rights transfer?

The regulations on receive land use rights transfer by FDI enterprises
The regulations on receive land use rights transfer by FDI enterprises

Regulations on conditions for transferring land use rights according to the Land Law 2024

Conditions for transferring land use rights are specified in Article 45 Land Law 2024, specifically the general conditions will be:

  • Have a Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights land use, ownership of assets attached to land;
  • The land is not in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration has taken legal effect;
  • Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;
  • During the land use term;
  • Land use rights are not subject to temporary emergency measures according to the provisions of law.

Can FDI enterprises receive land use rights transfer?

Pursuant to Article 28 of the Land Law 2024, FDI enterprises can receive land use rights transfer. However, land use rights can only be transferred in industrial parks, industrial clusters, and high-tech zones.

Can FDI enterprises receive land use rights transfer?
Can FDI enterprises receive land use rights transfer?

In what ways can FDI enterprises receive land use rights transfer?

Pursuant to Article 28 of the Land Law 2024, FDI enterprises are allowed to receive land use rights transfer in the following forms:

  • Receive transfer of land use rights in industrial parks, industrial clusters, and high-tech parks.
  • Receiving transfer of investment capital is the value of land use rights according to Government regulations.
  • Receive capital contribution with land use rights.
  • Receive land allocation to carry out investment projects to build houses for sale or for sale combined with rental.

Cases limiting the right to transfer land use rights for FDI enterprises

According to the provisions of Clause 3, Article 28 of the Land Law 2024 and Clauses 1 and 2, Article 10 of Decree 102/2024/ND-CP, the transfer of land use rights by FDI enterprises will be limited to areas belonging to border communes, wards and towns; coastal communes, wards and towns; island; other areas that affect national defense and security according to the provisions of investment law and housing law.

Accordingly, in order to receive transfer of land use rights to implement investment projects in these restricted areas, it is necessary to seek approval from the Ministry of National Defense and the Ministry of Public Security.

Some cases restrict FDI enterprises from transferring land use rights
Some cases restrict FDI enterprises from transferring land use rights

Consulting services and support for receive land use rights transfer for FDI enterprises

With Long Phan’s consulting and support services, you will be assured that the transfer process takes place quickly, legally and most effectively.

Coming to Long Phan, you will be supported with the following services:

  • Consulting on schools receiving transfer of land use rights;
  • Consulting on conditions for FDI businesses to receive land use rights transfer;
  • Consulting in cases where transfer of land use rights is restricted;
  • Consulting and guiding FDI enterprises to request opinions on project implementation in transfer-restricted areas;
  • Evaluate the status of land that can be transferred;
  • Consulting, reviewing and drafting land use rights transfer contracts for FDI enterprises;
  • Consulting and guiding procedures for transferring land use rights;
  • Support on issues arising during the transfer process;
  • Instructions for registering land use rights after transfer;
  • Consulting on taxes and related costs;
  • Consulting on other related issues.

Receiving land use rights transfer will help FDI enterprises expand production scale, develop infrastructure and increase business efficiency. With a team of experienced experts, Long Phan provides consulting services and support for quickly and cost-effective transfer of land use rights for you. To ensure all procedures are carried out smoothly and in compliance with the law, please contact us via the hotline: 0906735386.