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What are foreign-invested enterprises?
Foreign-invested enterprises are defined in Clause 7, Article 5 of the 2013 Land Law as follows:
"Land users
Land users allocated land, leased land, recognized land use rights, and transferred land use rights by the State under this Law include:
...
7. Foreign-invested enterprises include 100% foreign-invested enterprises, joint venture enterprises, and Vietnamese enterprises where foreign investors purchase shares, merge, or acquire according to investment law."
Accordingly, foreign-invested enterprises include:
- 100% foreign-invested enterprises,
- Joint venture enterprises, and Vietnamese enterprises where foreign investors purchase shares, merge, or acquire according to investment law.
Through which transaction forms can foreign-invested enterprises obtain land use rights to implement investment projects in Vietnam?
According to Clause 1, Article 169 of the 2013 Land Law on acquiring land use rights, foreign-invested enterprises can obtain land use rights to implement investment projects in Vietnam through the following forms:
- Acquiring investment capital as the value of land use rights as regulated by the Government;
- Acquiring land use rights through State land allocation for housing construction projects for sale or for sale combined with lease;
- Acquiring land use rights through State land lease;
- Acquiring land use rights through:
+ Results of successful land dispute mediation recognized by competent People's Committees;
+ Agreements in mortgage contracts to handle debt;
+ Decisions of competent state agencies on resolving land disputes, complaints, denunciations, court judgments, or enforcement decisions by enforcement agencies;
+ Documents recognizing auction results for land use rights in accordance with the law;
+ Documents on the division of land use rights in accordance with the law for households or groups of people with common land use rights.
For which projects are foreign-invested enterprises allocated land by the State with land use fees?
According to Clause 3, Article 55 of the 2013 Land Law on allocating land with land use fees:
"Allocating land with land use fees
The State allocates land with land use fees in the following cases:
1. Households and individuals allocated residential land;
2. Economic organizations allocated land to implement housing construction projects for sale or for sale combined with lease;
3. Overseas Vietnamese, foreign-invested enterprises allocated land to implement housing construction projects for sale or for sale combined with lease;
4. Economic organizations allocated land to implement cemetery and graveyard infrastructure investment projects to transfer land use rights associated with the infrastructure."
Thus, according to the regulations, foreign-invested enterprises are allocated land by the State with land use fees to implement housing construction projects for sale or for sale combined with lease.
For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: 0987748111
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