The Vietnam Real Estate Association (VNREA) has just issued Document No. 32/CV-HHBDSVN dated May 22, 2025 to the National Assembly Standing Committee; Comrade Tran Hong Ha, member of the Party Central Committee, Deputy Prime Minister; Ministry of Agriculture and Environment; Ministry of Justice to contribute to the development of a project to amend and supplement a number of articles of the 2024 Land Law.
To have a basis to propose amending and supplementing a number of articles of the Land Law to submit to the National Assembly at the 10th Session of the 15th National Assembly, VNREA, after carefully studying and collecting opinions from member enterprises, has contributed and developed a project to amend and supplement a number of articles of the 2024 Land Law.
Among the notable comments, VNREA mentioned Point d) Clause 1, Article 28 of the 2024 Land Law, related to receiving land use rights. The current regulations clearly state: "Foreign-invested economic organizations receiving investment capital transfers are the value of land use rights according to Government regulations".
However, according to Point d, Clause 1, Article 28, foreign investors will not be allowed to transfer investment capital in enterprises with a part of charter capital formed from contributing capital in assets such as land use rights. In other words, only economic organizations with foreign investment capital, that is, enterprises established in Vietnam with foreign investors who are members or shareholders, are allowed to buy capital contributions and shares of these enterprises. This regulation, according to VNREA, is causing many difficulties and problems in attracting investment capital from foreign investors, especially through the form of investment in purchasing contributed capital or shares in domestic enterprises. At the same time, the regulation has not yet ensured consistency with the provisions of the current Investment Law.
Therefore, VNREA proposes to adjust and add foreign investors to buy shares and capital contributions in enterprises with charter capital formed from the value of land use rights, with specific content as follows: "Foreign investors and foreign-invested economic organizations are allowed to receive investment capital transfers as the value of land use rights according to Government regulations".
Or at point c, clause 3, Article 70 of the 2024 Land Law, it is stipulated that: "The time for collecting opinions on provincial-level land use planning is 45 days from the date of disclosure of information on the content of the consultation".
However, according to VNREA, the time for collecting opinions should be shortened to avoid wasting time because there are many other contents that need to be implemented after receiving opinions. From this reality, VNREA proposed to adjust: shorten the time for collecting opinions from 45 days to 30 days.
