Does the agency competent to recover land in Vietnam have the authority to make adjustments regardless of the decisions made before July 1, 2014?
- Does the agency competent to recover land in Vietnam have the authority to make adjustments regardless of the decisions made before July 1, 2014?
- According to the previous regulations, how does the authority adjust decisions on recover land in Vietnam, land allocation, and land lease?
- Which agency has the authority to allocate land, lease land, permit change of land use purpose?
Does the agency competent to recover land in Vietnam have the authority to make adjustments regardless of the decisions made before July 1, 2014?
According to Clause 11 Article 1 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law, Article 101 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law as follows :
“Article 101. Competence to adjust decisions on land recovery, land allocation, land lease, permission to change land use purpose before July 1, 2014
Agencies competent to decide on land recovery, land allocation, land lease, and permission for land use purpose change according to the provisions of the 2013 Land Law shall have the authority to decide on adjustment in cases where a decision has already been made. decision on recover land in Vietnam, land allocation, land lease, permission to change land use purpose without depending on the authority to decide on land recovery, land allocation, land lease, permit change of land use purpose before the date of July 1, 2014”
Does the agency competent to recover land in Vietnam have the authority to make adjustments regardless of the decisions made before July 1, 2014? (Picture from internet)
According to the previous regulations, how does the authority adjust decisions on recover land in Vietnam, land allocation, and land lease?
According to Article 101 of Decree 43/2014/ND-CP as amended by clause 62 Article 2 of Decree 01/2017/ND-CP
“Article 101. Competence to adjust decisions of the Prime Minister on land recovery, land allocation, land lease, permission to change land use purpose before the effective date of the Land Law
In case the Prime Minister has issued a decision on land recovery, land allocation, land lease or permission to change the land use purpose before July 1, 2004, but now it must be adjusted, the adjustment of the content of the decision must be made. land recovery, land allocation, land lease, permission to change land use purpose shall be decided by the provincial People's Committee if such adjustment does not change the land use structure compared with the decision of the Prime Minister. government.
In case the Prime Minister's decision on land recovery, land allocation, land lease or permission to change land use purpose changes the land use structure as reflected in the Prime Minister's decision. Prime Minister, the People's Committee of the province must report to the Prime Minister before deciding on adjustment.”
Which agency has the authority to allocate land, lease land, permit change of land use purpose?
According to Article 59 of the 2013 Land Law:
"Article 59. Authority to allocate land, lease land, permit change of land use purpose
1. Provincial-level People's Committees shall decide on land allocation, land lease, and permission to change the land use purpose in the following cases:
a) Allocating land, leasing land, permitting change of land use purpose for organizations;
b) Allocating land to religious establishments;
c) Allocate land to overseas Vietnamese or foreign-invested enterprises as prescribed in Clause 3, Article 55 of this Law;
d) Leasing land to overseas Vietnamese or foreign-invested enterprises as prescribed at Points dd and e, Clause 1, Article 56 of this Law;
dd) Leasing land to foreign organizations with diplomatic functions.
2. District-level People's Committees shall decide on land allocation, land lease, or permission to change land use purposes in the following cases:
a) Allocate land, lease land, permit change of land use purpose to households and individuals. In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People's Committee of the province before making the decision;
b) Allocating land to residential communities.
3. Commune-level People's Committees lease land belonging to the agricultural land fund for public purposes of communes, wards and townships.
4. The agency competent to decide on land allocation, land lease or permission to change the land use purpose specified in Clauses 1 and 2 of this Article is not authorized."
Thus, the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the upcoming Land Law will stipulate that the competent authority shall decide on land recovery, land allocation, land lease, If the land use purpose change is permitted according to regulations, it is competent to decide on the adjustment in case there is a decision on land recovery, land allocation, land lease, permission to change the land use purpose, regardless of the land use purpose. competent to decide on land recovery, land allocation, land lease, and permission to change land use purpose before July 1, 2014.
LawNet
