Rights and obligations of foreign-invested enterprises in land use

1. Rights and obligations of a foreign-invested enterprise using land under the form of land lease with annual rental payment
(i) General rights and obligations (being granted the land use right certificate, being compensated if the land is recovered by the State; fulfilling financial obligations, returning the land when it is revoked or when the term of the lease expires without any extension, etc.);
(ii) To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, and to contribute as capital their assets attached to the leased land;
(iii) To sell their assets attached to the leased land;
(iv) To lease houses if they are permitted to invest in the construction of and trading in houses.

2. Rights and obligations of a foreign-invested enterprise using land use under the form of land lease with full one-off rental payment for the entire lease period or land allocation by the State with land use levy
(i) General rights and obligations (being granted the land use right certificate, being compensated if the land is recovered by the State; fulfilling financial obligations, returning the land when it is revoked or when the term of the lease expires without any extension, etc.);
(ii) To transfer land use rights and land-attached assets under their ownership during the land use term;
(iii) To lease and sublease land use rights and land-attached assets under their ownership within the land use term;
(iv) To mortgage land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam within the land use term;
(v) To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business within the land use term.

3. Rights and obligations of a foreign invested enterprise using land allocated or leased by the State with full one-off rental payment for the entire lease period but being entitled to exemption from or reduction of land use levy or land rental:
(i) If the enterprise 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;
(ii) If the enterprise is allocated or leased land by the State for implementation of investment projects 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;
(iii) If the enterprise is allocated or leased land by the State for implementation of investment projects 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.