Vietnam: Shall Land Law 2024 officially come into force from July 1, 2024? What are 7 cases where land use right certificates are not issued in Vietnam from July 1, 2024?
Vietnam: Shall Land Law 2024 officially come into force from July 1, 2024?
On May 17, 2024, the Government of Vietnam issued Resolution 72/NQ-CP here in 2024, unanimously approving the proposal to develop a resolution of the National Assembly to amend and supplement Clause 1, Article 252 of the Land Law 2024 as proposed by the Ministry of Natural Resources and Environment.
According to the proposal of the Ministry of Natural Resources and Environment, the Land Law 2024 will be effective from July 1, 2024, instead of January 1, 2025, as stipulated in the Land Law. The purpose is to develop a resolution of the National Assembly to allow the Land Law 2024 to be implemented soon, unlocking land resources, and promptly resolving, and thoroughly handling outstanding land issues.
Thus, the Land Law 2024 officially comes into effect on July 1, 2024.
Vietnam: Shall Land Law 2024 officially come into force from July 1, 2024?
Vietnam: To whom does the Land Law 2024 apply?
Article 2 of the Land Law 2024 specifies the application subjects as follows:
Subjects of application
1. State agencies exercising the authority and responsibility of representing the ownership of all people over land, executing the task of unified state management of land.
2. Land users.
3. Other subjects involved in the management and use of land.
Therefore, the subjects to which the Land Law 2024 applies include the following:
(1) State agencies exercising the authority and responsibility of representing the ownership of all people over land, executing the task of unified state management of land.
(2) Land users.
(3) Other subjects involved in the management and use of land.
What are 7 cases where land use right certificates are not issued in Vietnam from July 1, 2024?
Article 151 of the Land Law 2024 stipulates the cases in which land use right certificates and ownership certificates for assets attached to the land will not be issued as follows:
Cases where land use right certificates and certificates for assets attached to land are not issued
1. Land users are not issued land use right certificates or ownership certificates for assets attached to land in the following cases:
a) Agricultural land used for public purposes as stipulated in Article 179 of this Law;
b) Land allocated for management as specified in Article 7 of this Law, except where the land allocated for joint use with land allocated for management is granted a land use right certificate or ownership certificate for assets attached to land for the area of land used according to the land allocation or lease decision of the competent state agency;
c) Leased or sub-leased land from land users, except for leasing or sub-leasing land from infrastructure business investors, in line with approved investment projects by competent authorities;
d) Contractual land, except where land use rights are recognized as stated in Point a, Clause 2, Article 181 of this Law;
dd) Land that has been decided to be recovered by a competent state authority, except where more than 03 years have passed since the recovery decision without implementation;
e) Disputed land, which is seized, subject to another measure to ensure enforcement under the enforcement of civil judgments regulations; or land use rights under temporary emergency measures according to law;
g) Organizations allocated land by the State without collection of land levy to use for public purposes without commercial purposes.
2. Assets attached to land are not granted land use right certificates or ownership certificates for assets attached to land in the following cases:
...
Thus, from July 1, 2024, there are 7 cases where land use right certificates will not be issued:
- Agricultural land used for public purposes as stipulated in Article 179 of the Land Law 2024.
- Land allocated for management as specified in Article 7 of the Land Law 2024, except where land allocated for joint use with land allocated for management is granted a land use right certificate or ownership certificate for assets attached to land for the area of land used according to the land allocation or lease decision of the competent state agency.
- Leased or sub-leased land from land users, except for leasing or sub-leasing land from infrastructure business investors, in line with approved investment projects by competent authorities.
- Contractual land, except where land use rights are recognized as stated in Point a, Clause 2, Article 181 of the Land Law 2024.
- Land that has been decided to be recovered by a competent state authority, except where more than 03 years have passed since the recovery decision without implementation.
- Disputed land, which is seized, subject to another measure to ensure enforcement under the enforcement of civil judgments regulations; or land use rights under temporary emergency measures according to law.
- Organizations allocated land by the State without collection of land levy to use for public purposes without commercial purposes.
LawNet