Vietnam: Shall Land Law 2024 officially come into force from August 1, 2024, or July 1, 2024? Who are the subjects of application under the Land Law 2024?
Vietnam: Shall Land Law 2024 officially come into force from August 1, 2024, or July 1, 2024?
On May 17, 2024, the Government of Vietnam issued Resolution 72/NQ-CP of 2024 unifying the approval of the proposal to draft the National Assembly's resolution amending and supplementing Clause 1, Article 252 of the Land Law 2024 as proposed by the Ministry of Natural Resources and Environment of Vietnam.
According to the proposal of the Ministry of Natural Resources and Environment of Vietnam, Land Law 2024 comes into force from July 1, 2024, instead of January 1, 2025, as stipulated in the Land Law, aiming to draft a National Assembly resolution to enable the Land Law 2024 to promptly come into effect, unlocking land resources, and quickly resolving and definitively handling land-related issues.
However, in Official Telegram 53/CD-TTg of 2024, the following provision is specified:
To ensure the new policies of the Land Law, the Real Estate Business Law, the Housing Law, and the Law on Credit Institutions are promptly implemented in practice, creating new momentum for socioeconomic development, and establishing a favorable investment and business environment for enterprises and the public, the Government of Vietnam has submitted to the Standing Committee of the National Assembly a proposal to supplement the draft resolution of the National Assembly amending and supplementing Clause 1, Article 252 of Land Law No. 31/2024/QH15; the draft resolution of the National Assembly amending and supplementing Clause 1, Article 197 of Housing Law No. 27/2023/QH15, and Clause 1, Article 82 of the Law on Real Estate Business No. 29/2023/QH15 into the 2024 legislative and ordinance development program (proposal number 247/TTr-CP dated May 18, 2024).
To establish a comprehensive and consistent legal corridor and promptly implement it immediately after the laws: Land, Housing, Real Estate Business, and Credit Institutions are approved by the National Assembly for early effectiveness (expected from August 1, 2024), and to implement the conclusions of the Standing Committee of the Government of Vietnam at the meeting on May 25, 2024, Deputy Prime Minister of the Government of Vietnam Tran Hong Ha proposed:
The Chairmen of the People's Councils, the Chairmen of the People's Committees of provinces and centrally-run cities shall focus on directing to accelerate the progress of drafting and issuing detailed regulations for the implementation of the Land Law, the Housing Law, the Real Estate Business Law, and the Law on Credit Institutions according to the authority and responsibilities assigned in the above laws, to be completed in June 2024 as directed by the Prime Minister of the Government of Vietnam in documents No. 222/QD-TTg dated March 5, 2024, and No. 202/TTg-NN dated March 26, 2024. The drafting and issuance process needs to closely coordinate with related ministries and sectors to ensure the consistency and unity of the legal documents.
2. The Office of the Government of Vietnam shall monitor and urge localities in implementing this Official Telegram and promptly report to the Prime Minister of the Government of Vietnam any obstacles and difficulties encountered during the implementation process.
The National Assembly has agreed to allow the Land Law 2024 to come into force earlier (expected from August 1, 2024).
*Note: This is only the expected effective date of the Land Law 2024. For the official effective date of the Land Law 2024, we need to wait for the official document to be issued for exact information.
Vietnam: Shall Land Law 2024 officially come into force from August 1, 2024, or July 1, 2024?
Vietnam: To whom does the Land Law 2024 apply?
Article 2 of the Land Law 2024(https://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2024-QH15-523642.aspx?anchor=dieu_2) specifies the entities to which it applies as follows:
Applicable Entities
1. State agencies performing the powers and responsibilities to represent the ownership of all people over land and perform the task of unified state management of land.
2. Land users.
3. Other entities related to land management and use.
The entities to which the Land Law 2024 applies include the following:
(1) State agencies performing the powers and responsibilities to represent the ownership of all people over land and perform the task of unified state management of land.
(2) Land users.
(3) Other entities related to land management and use.
7 Cases where Land Use Right Certificates are not issued from July 1, 2024?
Article 151 of the Land Law 2024 (https://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2024-QH15-523642.aspx?anchor=dieu_151) specifies the cases where Land Use Right Certificates, Certificates of House Ownership, and other assets attached to the land are not issued as follows:
Cases where Land Use Right Certificates, Certificates of House Ownership and other assets attached to the land are not issued
1. Land users shall not be issued Land Use Right Certificates, certificates of house ownership and other assets attached to the land in the following cases:
a) Agricultural land used for public purposes as prescribed in Article 179 of this Law;
b) Land allocated for management as prescribed in Article 7 of this Law, except where the land is jointly used with the land allocated for management which shall be issued Land Use Right Certificates, certificates of house ownership and other assets attached to the land for the portion of land use area in accordance with the land allocation or land lease decision of the competent state agency;
c) Leased land, sub-leased land from land users, except for lease, sublease land from infrastructure construction business investors, in line with the investment project approved by the competent authority;
d) Contracted land, except for cases where the land use right is recognized at Point a, Clause 2, Article 181 of this Law;
đ) Land that has been decided to be recovered by a competent state agency, except where it has been more than 03 years since the land recovery decision without implementation;
e) Land under dispute, under distraint, or other measures to ensure the enforcement of judgments according to the law on civil judgment enforcement; land use rights are under urgent temporary measures as prescribed by the law;
g) Organizations that the State allocates land without land levy for public purposes, not for business purposes.
2. Assets attached to the land shall not be issued Land Use Right Certificates, certificates of house ownership and other assets attached to the land in the following cases:
...
From July 1, 2024, 7 cases where Land Use Right Certificates are not issued include:
- Agricultural land used for public purposes as prescribed in Article 179 of the Land Law 2024.
- Land allocated for management as prescribed in Article 7 of the Land Law 2024, except where the land is jointly used with the land allocated for management which shall be issued Land Use Right Certificates, certificates of house ownership and other assets attached to the land for the portion of land use area in accordance with the land allocation or land lease decision of the competent state agency.
- Leased land, sub-leased land from land users, except for lease, sublease land from infrastructure construction business investors, in line with the investment project approved by the competent authority.
- Contracted land, except for cases where the land use right is recognized at Point a, Clause 2, Article 181 of the Land Law 2024.
- Land that has been decided to be recovered by a competent state agency, except where it has been more than 03 years since the land recovery decision without implementation.
- Land under dispute, under distraint, or other measures to ensure the enforcement of judgments according to the law on civil judgment enforcement; land use rights are under urgent temporary measures as prescribed by the law.
- Organizations that the State allocates land without land levy for public purposes, not for business purposes.
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