According to the Land Law 2024, what are prohibited acts related to land in Vietnam?
According to Article 11 of the Land Law 2024, what are prohibited acts related to land in Vietnam?
In Article 11 of the Land Law 2024, prohibited acts related to land in Vietnam are stipulated as follows:
Prohibited acts related to land
1. Encroaching land, occupying land, destroying land.
2. Violating regulations of the law on state management of land.
3. Violating land policies for ethnic minorities.
4. Misusing positions and powers to contravene regulations of the law on land management.
5. Not providing information or providing inaccurate land information, failing to meet the requirements regarding the time limit as prescribed by law.
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Article 11 of the Land Law 2024 specifies the prohibited acts in the field of land in Vietnam as follows:
(1) Encroaching land, occupying land, destroying land.
(2) Violating regulations of the law on state management of land.
(3) Violating land policies for ethnic minorities.
(4) Misusing positions and powers to contravene regulations of the law on land management.
(5) Not providing information or providing inaccurate land information, failing to meet the requirements regarding the time limit as prescribed by law.
(6) Failing to prevent or handling violations of land law.
(7) Not complying with the law when exercising the rights of land users.
(8) Using land or conducting transactions related to land use rights without registering with the competent authority.
(9) Not fulfilling or inadequately fulfilling financial obligations to the State.
(10) Obstructing or causing difficulties in land use and exercising the rights of land users as prescribed by law.
(11) Discriminating based on gender in land management and use.
The above are the 11 contents specified in Article 11 of the Land Law 2024 regarding prohibited acts in the field of land.
According to Article 11 of the Land Law 2024, what are prohibited acts related to land in Vietnam? (Internet image)
According to the Land Law 2024, what are contents of state management of land in Vietnam?
According to Article 20 of the Land Law 2024, the contents of state management of land in Vietnam include:
(1) Issuance and implementation of legal documents on land management and use.
(2) Propaganda, dissemination, education, training, scientific research, technology development, international cooperation in land management and use.
(3) Determining administrative boundaries, establishing and managing administrative boundary dossiers.
(4) Surveying, adjusting, and establishing cadastral maps, maps of current land use status, land use planning maps, and specialized maps on land management and use.
(5) Investigating, assessing, and protecting, rehabilitating land.
(6) Formulating, adjusting, and managing land use planning and plans.
(7) Allocating land, leasing land, recovering land, recognizing land use rights, requisitioning land, changing land use purposes.
(8) Investigating, formulating land price frameworks, specific land prices, and managing land prices.
(9) Managing land-related finances.
(10) Compensating, supporting, resettling when land is recovered or requisitioned.
(11) Developing, managing, and exploiting the land fund.
(12) Registering land, establishing and managing cadastral records; issuing, correcting, recovering, canceling land use right certificates.
(13) Land statistics and inventory.
(14) Building, managing, and exploiting the National Land Information System.
(15) Managing and supervising the exercise of land users' rights and obligations.
(16) Resolving land disputes; settling complaints and denunciations about land.
(17) Providing and managing public services related to land.
(18) Inspecting, examining, monitoring, evaluating compliance with land law and handling violations against land law.
The content of state management of land includes the above 18 contents.
What are 7 cases where certificate of land use rights and ownership of property affixed to the land are not issued in Vietnam from July 01, 2024?
According to Article 151 of the Land Law 2024, the cases where certificate of land use rights and ownership of property affixed to the land are not issued in Vietnam are stipulated as follows:
Cases not granted certificate of land use rights and ownership of property affixed to the land
1. Land users are not issued certificate of land use rights and ownership of property affixed to the land in the following cases:
a) Agricultural land used for public purposes according to the provisions at Article 179 of this Law;
b) Land allocated for management under the provisions of Article 7 of this Law, except where the land is co-used with land allocated for management, in which case a Land Use Right Certificate, Property Ownership Certificate attached to the land may be issued for the land area used according to the land allocation or lease decision of the competent state agency;
c) Leased land, subleased land from land users, except for leased, subleased land from investors constructing infrastructure in line with an approved investment project by the competent authority;
d) Land contracted, except as recognized according to point a clause 2 of Article 181 of this Law;
đ) Land already decided for recovery by the competent state agency, except if more than 03 years have passed from the date of the recovery decision without implementation;
e) Disputed land, seized land, or land under other measures to ensure enforcement according to the law on civil enforcement; land use rights subject to temporary emergency measures under the law;
g) Organizations allocated land by the State without land levy for public purposes not for business purposes.
2. Assets attached to the land are not issued Land Use Right Certificates, Property Ownership Certificates in the following cases:
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From July 01, 2024, 7 cases are not issued Land Use Right Certificates in Vietnam, including:
- Agricultural land used for public purposes according to the provisions at Article 179 of the Land Law 2024.
- Land allocated for management under the provisions of Article 7 of the Land Law 2024, except where the land is co-used with land allocated for management, in which case a Land Use Right Certificate, Property Ownership Certificate attached to the land may be issued for the land area used according to the land allocation or lease decision of the competent state agency.
- Leased land, subleased land from land users, except for leased, subleased land from investors constructing infrastructure in line with an approved investment project by the competent authority.
- Land contracted, except as recognized according to point a clause 2 of Article 181 of the Land Law 2024.
- Land already decided for recovery by the competent state agency, except if more than 03 years have passed from the date of the recovery decision without implementation.
- Disputed land, seized land, or land under other measures to ensure enforcement according to the law on civil enforcement; land use rights subject to temporary emergency measures under the law.
- Organizations allocated land by the State without land levy for public purposes not for business purposes.
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