Vietnam: Under the Law on Land 2024, may households not purchase land from January 1, 2025?
Under the Law on Land 2024, may households in Vietnam not purchase land from January 1, 2025?
Under the provisions of Clause 25 Article 3 of the Law on Land 2024 as follows:
25. Land-using households are those who have a marriage, blood, or nurture relations under the law on marriage and family, are living together, and have the right to use common land at the time of land allocation, land lease, or recognition of land use rights by the State, receive a transfer of land use rights before the effective date of this Law.
Thus, land-using households are those who:
- Have a marriage, blood, or nurture relations under the law on marriage and family.
- Live together, and have the right to use common land at the time of land allocation, land lease, or recognition of land use rights by the State, receive a transfer of land use rights before January 1, 2025.
At the same time, Article 4 of the Law on Land 2024 specifies land users as follows:
Land users
Land users allocated land, leased land, or recognized land use rights by the State; using land stably, eligible for granting of Certificates of land use rights, ownership of land-attached assets but have not been granted Certificates of land use rights, Certificates of ownership of houses and residential land use rights, Certificates of land use rights, ownership of houses and other land-attached assets, certificates of land use rights, ownership of land-attached assets; receiving land use rights; subleasing land under this Law include:
1. Domestic organizations, including:
a/ State agencies, organs of the Communist Party of Vietnam, units of The Vietnam People's Armed Forces, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers, and other organizations as prescribed by law;
b) Economic organizations as prescribed by the Law on Investment, except for the case specified in Clause 7 of this Article (hereinafter referred to as economic organizations);
2. Religious organizations and affiliated religious organizations;
3. Domestic individuals and overseas Vietnamese who are Vietnamese citizens (hereinafter referred to as individuals);
4. Residential communities;
5. Foreign organizations with diplomatic functions, including diplomatic missions, consular offices, and other foreign representative offices with diplomatic functions recognized by the Government of Vietnam; representative bodies of organizations belonging to the United Nations, intergovernmental agencies or organizations, representative bodies of intergovernmental organizations;
6. People of Vietnamese origin residing abroad;
7. Foreign-invested economic organizations.
Thus, based on the above-mentioned provisions, households are not included in the land users specified in Article 4 of the Law on Land 2024 as currently prescribed in the Land Law 2013.
Thus, from January 1, 2025, households in Vietnam may not receive the transfer of land use rights.
In Vietnam, shall households with multiple generations whose land is expropriated be allocated additional land under the Law on Land 2024?
Under the provisions of Clause 4, Article 111 of the Law on Land 2024 as follows:
Resettlement arrangement
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4. Households and individuals with residential land, people of Vietnamese origin residing abroad, economic organizations using residential land, owning houses attached to land use rights in Vietnam when the State expropriates land if they meet the conditions for compensation for residential land as prescribed in Article 95 of this Law, shall be compensated by allocation residential land or housing at resettlement areas or other suitable locations.
In case there are many generations in a household or many couples are living together on an expropriated residential land parcel if it is eligible for division into separate households as prescribed by the law on residence or many households are sharing the right to use 01 expropriated residential land parcel but the compensated residential land insufficient for separate allocation to each household, it shall be considered for support to allocate residential land with land use levy or sell, lease, lease and lease purchase housing to missing households.
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Under the above-mentioned provisions, the following beneficiaries, if eligible for compensation for residential land, shall be compensated with residential land or houses in resettlement areas or other suitable locations when the State expropriates land:
- Households and individuals with residential land,
- People of Vietnamese origin residing abroad, economic organizations using residential land, owning houses attached to land use rights in Vietnam.
In case there are many generations in a household living together on an expropriated residential land parcel, if it is eligible for division into separate households or many households are sharing the right to use 01 expropriated residential land parcel but the compensated residential land insufficient for separate allocation to each household, it shall be considered for support to allocate residential land with land use levy or sell, lease, lease and lease purchase housing to missing households.
On what date does the Law on Land 2024 come into force?
Under the provisions of Article 252 of the Law on Land 2024 as follows:
Effect
1. This Law comes into force from January 01, 2025, except for the cases specified in Clauses 2 and 3 of this Article.
2. Articles 190 and 248 of this Law come into force from April 1, 2024.
3. The formulation and approval of land use plannings shall continue to comply with the provisions of Resolution No. 61/2022/QH15 dated June 16, 6 of the National Assembly on continuing to increase, enhance the effectiveness of the implementation of policies and laws on planning and a number of solutions to remove difficulties, obstacles, accelerate the progress of formulation and improve the quality of planning in the period of 2021 - 2030.
Clause 9, Article 60 of this Law comes into force from the effective date of Resolution No. 61/2022/QH15.
4. The Land Law No. 45/2013/QH13 amended and supplemented by Law No. 35/2018/QH14 (hereinafter referred to as the Land Law No. 45/2013/QH13) expires from the effective date of this Law.
Thus, the Law on Land 2024 will come into force from January 1, 2025. However, Articles 190 and 248 of the Law on Land 2024 come into force from April 1, 2024.
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