Regulations on foreign-invested economic organizations receiving investment transfers is land use rights value

The 2024 Land Law officially came into effect on August 1, 2024. Through this article, GIA LUẬT would like to send our Valued Client some regulations related to foreign-invested economic organizations receiving investment transfers is the value of land use rights.

According to the provisions of the 2024 Land Law, foreign-invested economic organizations are eligible to receive land use rights through the transfer of investment is the value of land use rights. The value of land use rights is defined as the monetary value of land use rights for a land area or type of land at a specified time, with a determined usage duration.

The specific regulations for foreign-invested economic organizations to receive investment transfers is land use rights value are as follows:

1. Foreign-invested economic organizations can receive the transfer of investment as land use rights from organizations currently using land granted by the State with payment for land use rights or land leased with a one-time payment for the entire lease term, where the value of land use rights has become the charter capital of the economic organization.

2. In cases where the transfer of investment is land use rights value occurs in border communes, wards, or towns; coastal communes, wards, or towns; islands; or areas affecting national defense and security, the transfer must comply with the regulations of investment law and relevant laws.

Foreign-invested economic organizations using land by receiving investment transfers is land use rights value have the following rights:

1. To be granted a land use rights certificate and ownership rights for assets attached to the land when conditions are met according to land law regulations;

2. To enjoy investment results on legally used land;

3. To have their land use rights protected by the State if infringed upon by others;

4. To receive compensation, support, and resettlement when the State recovers the land in accordance with the provisions of this Law;

5. To file complaints, denunciations, and lawsuits regarding violations of their legal land use rights and other acts violating land laws;

6. To transfer land use rights and assets attached to the land during the land use period;

7. To lease or sublease land use rights and assets attached to the land during the land use period;

8. To mortgage land use rights and assets attached to the land with licensed credit institutions in Vietnam;

9. To contribute capital through land use rights and assets attached to the land.