Land Law 2024 stipulating the order and procedures for land allocation and land lease in cases of land allocation and land lease without auction of land use rights from January 01, 2025
Land Law 2024 stipulates the order and procedures for land allocation and land lease in cases of land allocation and land lease without land use rights auction from January 1, 2025?
Article 228 of the Land Law 2024 stipulates the order and procedures for land allocation and land lease in cases of land allocation and land lease without land use rights auction as follows:
Cases where the State allocates land or leases land according to the provisions of Articles 124 and 126 of the Land Law 2024 shall be implemented according to the following order and procedures:
- Organizations and individuals submit dossiers requesting land allocation or land lease.
- The land management agency has the following responsibilities:
+ Review and check the dossier, organize the extraction and separation of measurements; in cases where the organization or individual requesting land allocation or land lease is still missing relevant documents, guide the provision of additional documents.
+ For cases applying the land price in the land price list to calculate land levy and land rent, the land management agency prepares a dossier to submit to the competent People's Committee to issue a decision on land allocation or land lease and submit for the signing of the Certificate of land use rights, ownership rights of assets attached to the land.
+ For cases determining specific land prices to calculate land levy and land rent, the land management agency prepares a dossier to submit to the competent People's Committee to issue a decision on land allocation or land lease; organize the valuation of the land, submit to the competent authority for land price approval to calculate the land levy and land rent and submit for the signing of the Certificate of land use rights, ownership rights of assets attached to the land.
- Land users pay land levy or land rent according to the provisions of the law; in cases of reductions in land levy or land rent, the land levy and land rent collecting agency implements the reduction for the land users.
- The land management agency transfers the dossier to the land registration organization or its branch to update and adjust the land database and cadastral records; sign land lease contracts in cases where the State leases land; organize the handover of land on-site and deliver the Certificate of land use rights, ownership rights of assets attached to the land to land users.
Land Law 2024 stipulates the order and procedures for land allocation and land lease in cases of land allocation and land lease without land use rights auction from January 1, 2025? (Image from the Internet)
When does Land Law 2024 come into effect?
Pursuant 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 provisions outlined in Clauses 2 and 3 of this Article.
2. Articles 190 and 248 of this Law take effect from April 1, 2024.
3. The preparation and approval of land use planning continue to be implemented according to Resolution No. 61/2022/QH15 dated June 16, 2022, of the National Assembly on continuing to strengthen the effectiveness and efficiency of the implementation of policies, laws on planning, and several solutions to address difficulties and obstacles, accelerate the preparation and enhance the quality of planning for the period 2021 - 2030.
Clause 9 of Article 60 of this Law takes 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 date this Law comes into effect.
Thus, Land Law 2024 will take effect from January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 will take effect from April 1, 2024.
Recently, with a desire to implement Land Law 2024 earlier than planned, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN proposing to the National Assembly to allow Land Law 2024 to take effect from July 1, 2024.
Who are the subjects to whom the latest Land Law 2024 applies?
Article 2 of the Land Law 2024 defines the subjects to which it applies as follows:
Subjects of Application
1. State agencies that perform the authority and responsibility of representing the ownership of the people over land, performing the unified state management of land.
2. Land users.
3. Other subjects related to land management and use.
Therefore, the subjects to which the Land Law 2024 applies include the following:
(1) State agencies that perform the authority and responsibility of representing the ownership of the people over land, performing the unified state management of land.
(2) Land users.
(3) Other subjects related to land management and use.
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