One of the notable points of the 2024 Land Law is the clearer regulation of land use rights for Vietnamese people residing abroad. The question that many people are interested in today is: are overseas Vietnamese entitled to receive agricultural land?
According to Article 5 of the 2024 Land Law, overseas Vietnamese are one of the legal land users in Vietnam, if they meet the conditions prescribed by law.
Clause 1, Article 5 stipulates: "Land users include... Vietnamese people residing abroad according to the provisions of the Law on Vietnamese nationality and relevant laws".
Regarding the right to receive gifts, Clause 2, Article 144 of this Law clearly states: Organization, household, and individual are given the right to use agricultural land in the following cases:
a) Households and individuals using agricultural land are granted the right to use agricultural land within the land use limit;
b) Economic organizations, households, individuals, and overseas Vietnamese are granted the right to use agricultural land to implement investment projects in accordance with planning and land use plans.
Thus, overseas Vietnamese are allowed to receive gifts of agricultural land use rights, but not all cases are approved. The prerequisite is that the donation must be for investment purposes in accordance with the approved planning and land use plan.
At the same time, the recipient must have a legal investment project in Vietnam - this excludes cases of receiving gifts only for land storage or use for the wrong purpose.
Notably, overseas Vietnamese who want to use land as individuals and do not go through an investment project can only inherit or donate residential land (residential land), within the limits of the law on housing and land.
Receiving agricultural land without attaching it to an investment project may be refused a land use right certificate.
This regulation aims to limit the situation of agricultural land speculation, while encouraging responsible and effective investment from the overseas Vietnamese community.
