Foreign legal entities cannot access land on the same terms as locally incorporated entities. They may only access land under a leasehold basis without the right to alienate them directly to other individuals and legal entities. Foreign-owned locally incorporated companies are not considered foreign legal entities and, hence, are not affected. For the purposes of the OECD FDIRRI, this restriction is reflected as an incorporation requirement for real estate investments, while horizontally it is considered a restrictions on land use.
"Chapter 1. General Provisions
Article 2. Ownership of land
Land in the Republic of Tajikistan is the exclusive property of the state, and the state guarantees its effective use in the interests of the people.
The collection of lands previously owned by their ancestors is not allowed.
Individuals and legal entities of the Republic of Tajikistan may alienate the right to use a land plot on the grounds, conditions and to the extent established by this Code and civil law.
Land plots are provided to foreign individuals and legal entities without the right to alienate the right to use these land plots.
[...]
Section 2 (2). The right to use the land as an object of civil rights
The right to use a land plot with the right to alienate it is a special object of civil legal relations and may be the subject of sale, gift, barter, lease, pledge and other transactions, and may also be transferred to another person by inheritance or universal succession established by this Code and civil law.
The right to use a land plot with the right to alienate it is granted to individuals and legal entities of the Republic of Tajikistan by local executive bodies of state power in cities and regions on a gratuitous or reimbursable basis.
Land plots, the rights of use of which were obtained (acquired) with the right of alienation, are used only in accordance with their intended purpose.
No one may be deprived of the right to use a land plot except on the grounds provided for in this Code 
[...]
Article 13. Temporary [fixed-term[ use of land
For temporary use, land plots can be transferred to individuals and legal entities for a certain period of time.
Temporary use of land can be short-term - up to three years and long-term - from three to twenty years, with the exception of cases provided for by this Code.
Section 14. Land Lease
Land users can lease land under a contract.
The land lease agreement is concluded without changing the purpose of the land.
Land is leased for up to 20 years. The relations of land users on the lease of land are carried out in accordance with the legislation of the Republic of Tajikistan.
[...]
Section 17 (1). Grounds for the emergence of a right to use a land plot with the right to alienate it [...]
When a citizen with the right to use a land plot with the right to alienate him leaves the citizenship of the Republic of Tajikistan, this right shall be alienated to individuals or legal entities of the Republic of Tajikistan.
[...]
Article 23. Provision of land for agricultural needs
Land suitable for agricultural needs is provided to individuals and legal entities for production, agricultural products.
The right to use agricultural land plots with the right to alienate them is granted only to individuals and legal entities of the Republic of Tajikistan directly involved in agricultural production.
The suitability of land for agricultural needs is determined by the authorized state body in the field of regulation of land relations and its local bodies on the basis of soil, geobotanical, irrigation and drainage, agroeconomic and other surveys.
[...]
Section 25. Provision of Land to Foreign Citizens and Foreign Legal Entities
Land plots can be granted for foreign use for a term of up to 50 years to foreign citizens and foreign legal entities.
Agricultural lands and lands of specially protected territories are not provided to foreign citizens and foreign legal entities.
When transferring the right to use a land plot of agricultural purpose with the right of alienation to a foreign individual or legal entity, this right shall be alienated to an individual or legal entity of the Republic of Tajikistan within one year from the date of acquisition of the right to a land plot.
If for any reason the alienation of the right to use such a land plot to a physical or legal person of the Republic of Tajikistan is not possible, the right to use the land plot shall be transferred to the local executive body of state power on a reimbursable basis at the market value of the right to use the land plot.
In case of failure to comply with the requirements of parts three and four of this article, the seizure of the land, the right of use of which has been transferred to a foreign individual or legal entity, is carried out in court. [...]" (LAND CODE OF THE REPUBLIC OF TAJIKISTAN dated December 13, 1996 No. 327 [google translated])
LAND CODE OF THE REPUBLIC OF TAJIKISTAN dated December 13, 1996 No. 327 [google translated]
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