04:51 | 10/09/2024

According to Article 190 of the Land Law 2024, what are rules for land reclamation in Vietnam?

According to Article 190 of the Land Law 2024, what are rules for land reclamation in Vietnam?

According to Article 190 of the Land Law 2024, what are rules for land reclamation in Vietnam?

Clause 2, Article 190 of the 2024 Land Law specifies the rules for land reclamation in Vietnam as follows:

- Ensure national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; comply with other relevant laws and international treaties to which the Socialist Republic of Vietnam is a party.

- Based on a comprehensive assessment of economic, social, and environmental factors, ensure sustainable development, biodiversity, natural elements, the impacts of natural disasters, climate change, and sea level rise.

- Align with provincial planning or district-level land use planning, construction planning, or urban planning.

- Efficiently exploit and use marine resources; balance the interests of organizations, individuals conducting land reclamation, and other relevant organizations and individuals; ensure public and community access to the sea.

- land reclamation must be project-based investments or components of an investment project as prescribed by law.

Article 190 of the 2024 Land Law regulates principles for sea encroachment activities.

According to Article 190 of the Land Law 2024, what are rules for land reclamation in Vietnam? (Image from Internet)

What are the regulations on the acceptance of completed land reclamation in Vietnam from August 1, 2024?

According to Article 74 of Decree 102/2024/ND-CP, the regulations on the acceptance of completed land reclamation in Vietnam are as follows:

(1) The acceptance of completed land reclamation is conducted either for the entire or parts of the area where land reclamation have been completed according to the project's progress or the approved investment project component.

(2) Inspection of the acceptance of completed land reclamation:

- Provincial-level specialized agencies under the People's Committee conduct inspections of acceptance of the sea encroachment investment project's works or components. The inspection procedures and acceptance of completed land reclamation comply with the construction law provisions;

- The investor of a sea encroachment investment project or a project with a sea encroachment component submits a written request to the provincial-level specialized construction agency under the People's Committee for inspection of the acceptance of the completed sea encroachment area according to the project's approved progress;

- Within 60 days from receipt of the request, the provincial-level specialized construction agency under the People's Committee inspects the acceptance of the completed land reclamation.

(3) Based on the provincial-level specialized construction agency's notification of acceptance results for the sea encroachment investment project or its component, the provincial land management agency must:

- Identify and update the lowest average seawater line over many years in the sea encroachment area based on the current shoreline and topography; submit to the provincial People's Committee for reporting to the Ministry of Natural Resources and Environment to update data and announce as per the law;

- Identify and update the average high tide line over many years, adjust the coastal protection corridor in the sea encroachment area based on the current shoreline and topography; submit to the provincial People's Committee for supplementing and adjusting as per the law.

What are the regulations on determining reclaimed land levy in Vietnam under Decree 102?

According to Article 75 of Decree 102/2024/ND-CP, the regulations on determining land levy and land rent of reclaimed land in Vietnam are as follows:

(1) The determination of specific land prices to calculate land levy and land rent follows the land law; if the surplus method is used, the total development cost estimate must include the approved sea encroachment costs as stipulated in Article 72 of Decree 102/2024/ND-CP;

If the total development cost exceeds the total development revenue, the difference is accounted for in the sea encroachment investment project or the project with a sea encroachment component.

(2) Within 180 days from the date of sea encroachment completion, the sea encroachment investment project investor or the project with a sea encroachment component must file a cost settlement request to the provincial-level specialized construction agency for assessment.

Within 90 days from receipt of the investor's complete cost settlement documents, the provincial-level specialized construction agency finalizes the sea encroachment costs and submits them to the provincial People's Committee for approval.

(3) The treatment of discrepancies between settled sea encroachment costs and those included in the total development cost when determining specific land prices (referred to as the difference) is as follows:

- If the settled sea encroachment costs are lower than those included in the total development cost, the investor must pay the difference;

- If the settled sea encroachment costs are higher than those included in the total development cost, the difference is accounted for in the sea encroachment investment project or the project with a sea encroachment component.

(4) In case land is allocated or leased to implement a sea encroachment investment project or a project with a sea encroachment component through land use rights auction, regulations in (2) and (3) are not applicable.

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