LAND LAW
Article 174. Rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period
1. In addition to the rights and obligations prescribed in Clause 1 of this Article, economic organizations that are allocated land with land use levy or leased land with full one-off payment for the entire lease period by the State have the rights and obligations prescribed in Articles 166 and 170 of this Law.
2. Economic organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State have the following rights:
a/ To transfer land use rights and land-attached assets under their ownership;
b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State;
c/ To donate land use rights to the State and communities for construction of facilities for common public interests of the communities and donate land-attached gratitude houses in accordance with law;
d/ To mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam;
dd/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations,
individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law.
3. Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental does not originate from the state budget, have the rights and obligations prescribed in Clauses 1 and 2 of this Article. The exercise of the rights is subject to written approval by a competent state agency.
Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental originates from the state budget have the rights and obligations prescribed in Article 173 of this Law.
4. Organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State, but are entitled to exemption from or reduction of land use levy or land rental, have the following rights and obligations:
a/ If the organization is allocated or leased land by the State for implementation of projects on construction of and trading in houses and is entitled to exemption from or reduction of land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental;
b/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is allowed to pay a reduced land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or
reduction of land use levy or land rental for the land type with similar land use purpose;
c/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is exempted from land use levy or land rental, it has the same rights and obligations as leasing land with annual rental payment for the land type with similar land use purpose
土地法第一百七十四條。權利和義務的分配土地,土地的組織使用由國家或租出的土地徵收與整個租期的全部一次性租賃付款1.除了對這篇文章的第 1 條所規定的義務與權利、 經濟組織分配土地的土地使用徵收或與國家整個租賃期全部一次性支付的已批租的土地擁有權利和文章 166 和第 170 條本法所規定的義務。2.經濟組織分配土地的土地使用徵收或租出的土地與國家整個租賃期全部一次性租賃支付有下列權利:a/對轉讓土地使用權和土地附加資產下他們的擁有權 ;b / 租賃土地使用權和土地附加資產根據其擁有權在被分配的土地使用徵收由國家和轉租土地使用權和土地附加資產下他們如果不全部一次性租賃付款國 ; 整個租賃期租出的土地的擁有權的情況下c / 要捐出土地使用權利的國家和社區的社區共同的社會公共利益的設施建設和捐贈土地附加的感激之情房屋依法 ;d/抵押權與土地使用權和土地附加資產根據其擁有權在信貸機構獲准在越南 ;dd/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations, individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law.3. Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental does not originate from the state budget, have the rights and obligations prescribed in Clauses 1 and 2 of this Article. The exercise of the rights is subject to written approval by a competent state agency.Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental originates from the state budget have the rights and obligations prescribed in Article 173 of this Law.4. Organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State, but are entitled to exemption from or reduction of land use levy or land rental, have the following rights and obligations:a/ If the organization is allocated or leased land by the State for implementation of projects on construction of and trading in houses and is entitled to exemption from or reduction of land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental;b 如果該組織撥出或租出土地所實施的投資專案以贏利為目的,不訂明點的狀態這一條款,並允許支付減少的土地使用徵收或土地租賃,它有相同的權利和義務不能享有豁免或減少土地使用徵收或土地租賃土地類型與類似土地用途 ;c 如果該組織撥出或租出土地所實施的投資專案以贏利為目的,不訂明點的狀態這一條款,獲政府豁免從土地使用徵收或土地租賃,它有相同的權利和義務作為租賃土地與具有類似土地用途的土地類型的年度租賃付款。
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