Overseas Vietnamese, FDI companies using land leased by the State with annual rental payment

Overseas Vietnamese, FDI companies using land leased by the State with annual rental payment

Hi DMS Attorneys in Vietnam! Could you advise me if overseas Vietnamese (Viet Kieu), FDI companies can mortgate their assets attached to the land leased by the State ? Can an FDI company sell their assets attached to the leased land ?

Hi!

Overseas Vietnamese, foreign invested enterprises using leased land from the State with annual rental payment have the following rights and obligations:

General rights and obligations prescribed in Article 166 and Article 170 of this Law;

To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam; to contribute their assets attached to the leased land as capital. The recipient of capital contribution shall be leased land by the State for the determined land use purpose for the remaining lease term;

To sell their assets attached to the leased land upon satisfaction of the conditions prescribed in Article 189 of this Law;

To lease houses if they are permitted to invest in the construction of and trading in houses (Clause 2 Article 183 Law on Land No. 45/2013/QH13 dated 29 November 2013).

Related topics:

Conditions for transferring all or a portion of a real estate project in Vietnam

Forms of land use applicable to a foreign invested company in Vietnam

Consulting services:

Phone: 0914 165 703 or email: dmslawfirm@gmail.com

Overseas Vietnamese, FDI companies using land leased by the State with annual rental payment

Prepared by:
Thi-Ha Nguyen, Lawyer’s assistant
DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son

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