Land use rights are the rights of land users to exploit the properties of land legally. Serving for its purpose and the right to transfer the use right in accordance with law.
* Basis for establishing land use rights
– Land allocated by the state;
– Land leased by the state;
– Land use rights are recognized by the state;
– Due to the transfer of land use rights by others in accordance with the Civil Code and the land law.
* Grounds for termination of land use rights
– Land recovered by the State for public interests, national interests, security and defense purposes or violating land laws;
– In fact, the land area is no longer available.
* Land use right transfer
People with land use rights may transfer this right to another person in one of the following forms: convert, transfer, lease, sublease, inherit, donate the right to use, contribute capital, mortgage and guarantee land use right value.
* Land use right transfer contracts
(1) Conversion contract: is an agreement between the parties. Accordingly, the parties transfer land and transfer the use right to each other in accordance with civil law and land law. Conversion of land use rights is a complete transfer of use rights;
(2) Transfer contract: is an agreement between the parties. Accordingly, the land use right assignor transfers land and use rights to the assignee. And the transferee pays money to the transferor in accordance with civil law and land law;
(3) Lease contract: is an agreement between the parties. Accordingly the lessor transfers land to the lessee for use within a period. The lessee must use the land for the right purpose, pay the rent and return the land when the lease term expires in accordance with civil law and land law;
(4) Mortgage contract: is an agreement between the parties. Accordingly, the mortgagor uses his land use rights to secure the performance of a civil obligation with the mortgagee. The mortgagor may continue using the land within the mortgage term.
The above provisions on land law. Hopefully with what the above Minh Tin Law will help you have more knowledge about land law.
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