Ms. Tran Thi Minh Hang also wanted to know how the transferring enterprise's payment would be handled if they still have to pay the land lease money. Would they be refunded?

The Ministry of Natural Resources and Environment responded to this issue as follows:

The rights and obligations of organizations receiving the land use right transfer originating from the State's leased land with a lump sum payment for the entire lease period are stipulated in Clause 2 of Article 176 and Clause 2 of Article 174 of the Land Law 2013, as follows:

"Article 174. Rights and obligations of organizations receiving land from the State with land use fees, or leased land with one-time land lease payment for the entire lease period.

... 2. Economic organizations receiving land from the State with land use fees or leased land with one-time land lease payment for the entire lease period, in addition to the rights and obligations prescribed in Clause 1 of this Article, have the following rights:

a) Transfer the land use right and assets attached to the land that belong to them;

b) Sublease the land use right and assets attached to the land that belong to them in the case of land received from the State with land use fees, or lease them again in the case of land leased with one-time land lease payment for the entire lease period;

c) Donate the land use right to the State; donate the land use right to the community for building projects serving the common interests of the community; donate the charity house attached to the land according to the provisions of the law;

d) Mortgage the land use right and assets attached to the land that belong to them at credit institutions permitted to operate in Vietnam;

đ) Contribute capital with the land use right and assets attached to the land that belong to them for production and business cooperation with organizations, individuals, Vietnamese residing overseas, foreign-invested enterprises according to the provisions of the law.

... Article 176. Rights and obligations of economic organizations receiving land use right transfer, land use purpose transfer...

... 2. Economic organizations receiving land use right transfer originating from the State's allocated land with land use fees, or from land leased by the State with one-time upfront payment for the entire lease period, and the land use fees, or lease payments, have not been derived from the State budget, shall have the rights and obligations as stipulated in Clause 2 of Article 174 of this Law.”

The land use term when receiving the land use right transfer is regulated in Article 128 of the Land Law 2013:

"Article 128. Land use term when receiving the land use right transfer

1. The land use term when receiving the land use right transfer for land types with specified terms is the remaining duration of the land use term before receiving the land use right transfer.

2.  The recipient of the land use right transfer for land types used for stable and long-term purposes shall have the right to use the land for stable and long-term purposes."