Can I inherit the land rent of the transferring business?

Ms. Tran Thi Minh Hang also wants to know, if the land rent is still payable, how will the transferred enterprise's money be handled? Will it be refunded?

The Ministry of Natural Resources and Environment responded to this issue as follows:

The rights and obligations of organizations receiving the transfer of land use rights from the State and paying land rent at one time for the entire lease term are stipulated in Clause 2, Article 176 and Clause 2, Article 174 of the 2013 Land Law, as follows:

"Article 174. Rights and obligations of organizations to which the State allocates land with land use fees collected, or leases land with one-time land rental fees collected for the entire lease term

… 2. Economic organizations that are allocated land by the State with land use fees collected, or leased land with one-time land rental fees collected for the entire lease term, in addition to the rights and obligations prescribed in Clause 1 of this Article, also have the following rights:

a) Transfer of land use rights and assets owned by oneself attached to the land;

b) Leasing land use rights and assets owned by oneself attached to land in cases where the State allocates land with land use fees collected; subleasing land use rights and assets owned by oneself attached to land in cases where the State leases land with one-time land rent collection for the entire lease term;

c) Donate land use rights to the State; donate land use rights to residential communities to build works serving the common interests of the community; donate gratitude houses attached to land according to the provisions of law;

d) Mortgage land use rights and assets owned by oneself attached to land at credit institutions licensed to operate in Vietnam;

d) Contribute capital using land use rights and assets owned by oneself attached to land to cooperate in production and business with organizations, individuals, overseas Vietnamese, and foreign-invested enterprises in accordance with the provisions of law.

… Article 176. Rights and obligations of economic organizations receiving land use rights transfer and land use purpose change

… 2. Economic organizations that receive the transfer of land use rights originating from land allocated by the State with land use fees collected or land leased by the State with one-time advance payment for the entire lease term, but the land use fees or land rent paid do not originate from the State budget, shall have the rights and obligations prescribed in Clause 2, Article 174 of this Law."

The land use term when receiving the transfer of land use rights is stipulated in Article 128 of the 2013 Land Law:

"Article 128. Land use term when receiving transfer of land use rights

1. The land use term when receiving the transfer of land use rights for land types with a prescribed term is the remaining land use term of the land use term before receiving the transfer of land use rights.

2. The person receiving the transfer of land use rights for land types that are used stably and permanently is entitled to use the land stably and permanently".

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