Land Law 2024 guiding the allocation, leasing of land currently in use to others from January 01, 2025
Land Law 2024 Guidelines on Land Allocation and Leasing for Land Being Used by Others from January 1, 2025?
On January 18, at the National Assembly House, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly concluded the 5th extraordinary session. With a majority vote, the National Assembly passed the Land Law 2024.
Article 117 of the Land Law 2024 provides guidelines on land allocation and leasing for land being used by others, as follows:
- Decisions on land allocation and leasing for land being managed and used by others shall only be made after the competent state authority decides to recover the land and must complete the compensation, support, and resettlement in accordance with legal regulations, except for cases of real estate project transfer in accordance with real estate business law.
Article 53 of the Land Law 2013 stipulates land allocation and leasing for land being used by others as follows:
| - The State's decision on land allocation and leasing for land being used by others shall only be made after the competent state authority decides to recover the land in accordance with this Law and must complete the compensation, support, and resettlement in accordance with legal regulations for site clearance cases. || --- |
Thus, the Land Law 2024 excludes the case of real estate project transfer under the real estate business law.
Land Law 2024 Guidelines on Land Allocation, Leasing for Land Being Used by Others from January 1, 2025?
What are the State Management Contents on Land in the Land Law 2024?
According to Article 20 of the Land Law 2024, state management contents on land include:
(1) Promulgating and implementing legal normative documents on land management and use.
(2) Disseminating, educating, training, conducting scientific research, developing technology, and international cooperation in land management and use.
(3) Determining administrative boundaries, establishing and managing administrative boundary records.
(4) Measuring, adjusting, and establishing cadastral maps, current land use maps, land use planning maps, and specialized maps for land management and use.
(5) Investigating, evaluating, and protecting, rehabilitating land.
(6) Establishing, adjusting, and managing land use planning.
(7) Allocating land, leasing land, recovering land, recognizing land use rights, requisitioning land, converting land use purposes.
(8) Investigating, establishing land price tables, specific land prices, managing land prices.
(9) Managing land finance.
(10) Compensating, supporting, and resettling when recovering land, requisitioning land.
(11) Developing, managing, and exploiting land funds.
(12) Registering land, establishing and managing cadastral records; issuing, correcting, recovering, and canceling certificates.
(13) Statistics and inventory of land.
(14) Building, managing, and exploiting the National Land Information System.
(15) Managing and supervising the implementation of land users' rights and obligations.
(16) Resolving land disputes; handling complaints and denunciations about land.
(17) Providing, managing public services on land.
(18) Inspecting, examining, supervising, monitoring, and evaluating the compliance with land law, and handling violations of land law.
When Will the Land Law 2024 Come into Force?
According to the provisions of Article 252 of the Land Law 2024 :
Effective Date
1. This Law takes effect from January 1, 2025, except for the cases prescribed in Clauses 2 and 3 of this Article.
2. Articles 190 and 248 of this Law take effect from April 1, 2024.
3. The planning and approval of land use planning shall continue to be implemented in accordance with Resolution No. 61/2022/QH15 dated June 16, 2022, of the National Assembly on continuing to strengthen the effectiveness and efficiency of implementing policies and laws on planning and removing difficulties, speeding up the progress and enhancing the quality of the 2021-2030 planning period.
Clause 9, Article 60 of this Law shall take effect from the date Resolution No. 61/2022/QH15 ceases to be effective.
4. Land Law No. 45/2013/QH13, as amended and supplemented by Law No. 35/2018/QH14 (hereinafter referred to as Law No. 45/2013/QH13), ceases to be effective from the effective date of this Law.
Thus, the Land Law 2024 will come into effect from January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 will be effective from April 1, 2024.
Recently, with the desire to expedite the application of the Land Law 2024 earlier than scheduled, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN, proposing that the National Assembly allow the Land Law 2024 to be effective from July 1, 2024.
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