The new provisions of the Land Law 2024

Ngày cập nhật: 29/02/2024 lúc 11:32:39

On January 18, the 15th National Assembly officially passed the amended Land Law. This law will come into effect from January 1, 2025 (except for some specific provisions). This is one of the pieces of information that is especially expected in the early days of 2024 because the Land Law is a large set of laws that affects many industries and fields. The Land Law is one of the important legal documents, of great significance in the management and use of a country’s land. In order to meet the country’s development requirements in the new period, the Land Law 2024 was born, contributing to creating a transparent, fair, and effective land market, while ensuring the rights and benefits legality of land users.


In the context of Vietnam entering a new stage of development, with higher requirements for the efficient use of land to serve economic and social development, as well as ensuring national defense and security, the issuance of the Land Law 2024 is extremely crucial. The enactment of the Land Law 2024 will establish a legal framework for the management, exploitation, and efficient use of land resources in the most economical, sustainable, and effective manner, meeting the demands of promoting industrialization, modernization, fairness, and social stability. It aims to ensure national defense and security while providing motivation for the country to become a high-income developed nation.


The new provisions of the Land Law 2024 Regarding planning and land use plans


The Land Law 2024 addresses this matter in Chapter V, with regulations designed to innovate the processes, content, and methods of planning and land use plans, while also emphasizing increased publicity and transparency. Specifically, public input is sought on land use planning.


Moreover, national plans, as well as land use plans and plans for various sectors, ensure appropriateness, unity, synchronization, and close connections to mutually promote development.


Additionally, provisions regarding the exercise of land users’ rights in planning areas have been supplemented and refined. In cases where land use planning has been announced but there is no permanent land use plan at the district level, land users can continue to use and exercise their rights. Localities have been given decentralized authority in determining planning targets, enabling them to proactively develop their socio economic landscape.


In essence, innovations in planning and land use plans form the foundation for the effective exploitation and utilization of land, contributing to socio economic development and positioning our country as a high income developed nation.


Relaxing conditions for granting Land Use Rights Certificates (Red Book)


Pursuant to Clause 3, Article 138 of the Land Law 2024, households and individuals using land from October 15, 1993, to before July 1, 2014, without documents on land use rights but without violating land laws, except in cases where land is allocated without proper authority, will be issued a Red Book if confirmed by the Commune People’s Committee, where the land is located, that there is no dispute.


Meanwhile, Article 101 of the 2013 Land Law previously stipulated that households and individuals using land without land use rights documents would be granted land use rights certificates in two cases:


First, households and individuals using land before July 1, 2014, without documents on land use rights, must meet the following conditions: (i) Have permanent residence in the locality and directly engage in agricultural production, forestry, aquaculture, salt making in areas with difficult socio economic conditions, and areas with extremely difficult socio economic conditions; (ii) Be certified by the Commune People’s Committee where the land is located as a person who has used the land stably and without any disputes.

Second, households and individuals using land without documents on land use rights, but the land has been used stably since before July 1, 2004, and does not violate land laws.


It can be seen that, according to the 2013 Land Law, depending on the timeline of land use without documents before July 1, 2004, or before July 1, 2014, households and individuals must meet the corresponding conditions. Only as stated above will they be granted a Land Use Rights Certificate.


Now, the Land Law 2024 has relaxed conditions and extended the time to issue Land Use Rights Certificates (Red Books) for undocumented land. Just need to determine a timeline before July 1, 2014, and be confirmed by the People’s Committee of the commune where the land is located that there is no dispute; then, a Land Use Rights Certificate will be issued.


Specific regulations for land recovery cases


The Land Law 2024 specifically stipulates cases where the State recovers land for national defense, security, and socio-economic development purposes, serving national and public interests. These regulations inherit practices consistent with the current system while also amending and supplementing several key issues as follows:


Adding a number of cases of land recovery for national defense and security purposes: medical examination and treatment facilities of the people’s armed forces and guest houses of the people’s armed forces in Clauses 8 and 9, Article 66 of the Land Law 2024.


Supplementing and more specifically stipulating a number of cases of land recovery due to violations of land law at Points b, c, d, h, i, Clause 1, Article 69 of the Land Law, including the recovery of assigned and leased land. The lease is not consistent with the land use planning and plans that have been announced and made public at the time of land allocation or land lease; land allocated or leased by the State to implement an investment project for non-agricultural production and business purposes without putting the land into use according to the schedule stated in the investment project and having been fined to pay a history. use land, land rent increases but still do not put the land into use and do not pay land use fees, land rent increases.


Amending and supplementing regulations on organizing the implementation of compensation tasks, site clearance, management of exploitation and use of recovered land funds in Clause 1, Article 73, order and procedures for land recovery for national defense and security purposes; socio-economic development for national and public benefits in the direction of compensation, support, and resettlement plans one step ahead of land recovery decisions; adding and clarifying the order and procedures for compensation, support, and resettlement in Clauses 1 and 2, Article 74.


Amending and supplementing specific regulations on principles of enforcement of land recovery decisions in Article 76, specifically: (1) Enforcement must be carried out publicly, democratically, objectively, and ensuring order, safety, and in accordance with the law; (2) The initiation of enforcement is carried out during office hours; (3) Do not carry out enforcement between 10:00 p.m. and 6:00 a.m. the next day; days off and holidays as prescribed by law; during the 15 days before and after the Lunar New Year; traditional days for policy beneficiaries if they are subject to coercion and other special cases that seriously affect security, politics, social order and safety, customs and practices in the local country.


The 2024 Land Law specifically stipulates 31 cases in which the State recovers land for socio-economic development for national and public benefits. These cases have basically covered the country’s development needs in the new era. The law also specifically stipulates the order and procedures for land recovery, ensuring democracy, objectivity, fairness, openness, and transparency.


Cases of land allocation not through auction or bidding


Regarding land transfer, land lease, and changes in land use purpose, the Land Law 2024 details cases of land allocation without undergoing the auction or bidding process. Simultaneously, the law clearly stipulates situations where it is necessary to conduct auctions of land use rights or bidding to select investors for projects related to land use.


Concerning authority related to changing the purpose of land use for rice cultivation, protective forest land, special-use forest land, and production forest land as natural forests, the entire authority is decentralized and approved. This right belongs to the Provincial People’s Council.


Land policy for Ethnic Minorities


Regarding land policies applicable to ethnic minority communities, the Land Law 2024 includes several new regulations after a process of research and supplementation. Article 16 of this law specifies policies to ensure land for community activities, including land allocation and land lease to ethnic minorities facing difficulty finding residential and productive land. The law also commits to ensuring land funds to implement land policies for this community.


Decrease in intermediaries in land allocation and land lease


In Article 166 of the Land Law 2024, there is a strong emphasis on decentralization and devolution in exercising the right to represent landowners of the entire people. The law emphasizes unity in management while focusing on strengthening local responsibility. This is combined with strict inspection, supervision, and control from the Central Government.


The law also sets the goal of reducing focal points and intermediaries in land allocation and land leasing activities, especially in economic zones, high-tech zones, and airports. This aims to closely integrate with the administrative reform process, reduce hassles, and create a more positive environment in land management