1. Land of domestic organizations, religious organizations, and affiliated religious organizations is allocated land by the State without collecting land use fees.
According to Clause 2, Article 32 of the 2024 Land Law, domestic organizations, religious organizations, and affiliated religious organizations that are allocated land by the State without collecting land use fees do not have the right to mortgage land use rights.
2. Land of economic organizations, public service units, religious organizations, and affiliated religious organizations using land leased by the State with annual land rent collection
Economic organizations, religious organizations, and affiliated religious organizations that are leased land by the State and pay annual land rent have the right to mortgage their assets attached to the land at credit institutions licensed to operate in Vietnam, at other economic organizations, or at individuals in accordance with the provisions of law.
Thus, for this type of land, land users that are economic organizations, religious organizations, and affiliated religious organizations that are leased land by the State and pay annual land rent can only mortgage their own assets attached to the land and cannot mortgage land use rights.
(Point b, Clause 1, Article 34 of the 2024 Land Law)
3. Land with annual land rent collection
According to regulations, individuals who are leased land by the State and pay annual land rent have the rights to mortgage their assets attached to the land at credit institutions licensed to operate in Vietnam, at other economic organizations or individuals according to the provisions of law.
Accordingly, for land use rights with annual land rent payment, the State only allows mortgage of assets attached to leased land but not the right to mortgage this leased land use right.
(Clause 2, Article 37 of the 2024 Land Law)
4. Land of the community
Specifically, in cases where the community is allocated land by the State without collecting land use fees, or has its land use rights recognized in the form of land allocation without collecting land use fees, it does not have the right to convert, transfer, donate, lease land use rights, mortgage, or contribute capital using land use rights.
(Clause 2, Article 39 of the 2024 Land Law)
5. Production forest land is natural forest
In Clause 3, Article 184 of the 2024 Land Law, people who are leased natural forest production land by the State are not allowed to transfer, sublease, mortgage, or contribute capital using land use rights and lease rights in land lease contracts with annual land rent payment.
6. National defense and security land combined with production labor and economic construction activities
According to Clause 3, Article 201 of the 2024 Land Law, military units, police units, public service units under the People's Army, People's Police or state-owned enterprises assigned to manage by the Ministry of National Defense, Ministry of Public Security, for national defense and security land combined with labor production and economic construction activities, are not entitled to mortgage land use rights, land lease rights and military units, police units, public service units under the People's Army and People's Police are not allowed to mortgage assets attached to land.
