Vietnam: What are the guidelines for determining the residential land area upon recognition of land use rights from January 1, 2025 under the Law on Land 2024?
- What are the guidelines for determining the residential land area upon recognition of land use rights in Vietnam from January 1, 2025 under the Law on Land 2024?
- What are the contents of state management of land under the Law on Land 2024 in Vietnam?
- From what date will the Law on Land 2024 in Vietnam come into force?
What are the guidelines for determining the residential land area upon recognition of land use rights in Vietnam from January 1, 2025 under the Law on Land 2024?
Under Article 141 of the Law on Land 2024, the determination of residential land area upon recognition of land use rights is guided as follows:
Households and individuals using land have one of the types of documents on land use rights specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 137 of the Law on Land 2024 specifying housing or residential land purpose, the residential land area shall be determined upon issuance of the Certificate of land use rights or ownership of land-attached assets as follows:
* In case a land parcel is formed before December 18, 1980, the land user is not required to pay land use levy for the area determined as follows:
- A land parcel with an area equal to or greater than the residential land recognition quota for which the document on land use rights clearly states the residential land area, the residential land area shall be determined according to that document; In case the residential land area shown on the document on land use rights is less than the residential land recognition quota or the residential land area has not been specified, the residential land area shall be determined by the residential land recognition quota.
- If a land parcel has an area smaller than the residential land recognition quota, the whole area of the land parcel shall be recognized as residential land.
* In case the land parcel was formed between December 18, 1980 and before October 15, 1993, the land user is not required to pay land use levy for the area determined as follows:
- A land parcel with an area equal to or greater than the residential land recognition quota for which the document on land use rights clearly states the residential land area, the residential land area shall be determined according to that document; In case the residential land area shown on the document on land use rights is less than the residential land recognition quota or the residential land area has not been specified, the residential land area shall be determined by the residential land recognition quota.
- If a land parcel has an area smaller than the residential land recognition quota, the whole area of the land parcel shall be recognized as residential land.
* In case the land parcel is formed from October 15, 1993 to before the effective date of the Law on Land 2024, the residential land area shall be determined according to documents on land use rights.
* For the remaining land area of the land parcel, after the residential land area has been determined as prescribed at Point a, Clause 1, Point a, Clause 2 and Clause 3, Article 141 of the Law on Land 2024, it shall be handled as follows:
- If houses and works for life have been built, they shall be determined as residential land purposes and land users must pay land use levies under law
- In case the works have been built for non-agricultural, commercial or service production or business purposes, the land for non-agricultural production and commercial or service land shall be recognized as the actual area in which the works have been built; the form of land use is recognized as the form of land allocation with land use levy, the land use term is stable and long-term.
- Where the current status of use is agricultural land, the land parcel shall be recognized as agricultural land; If a land user wishes to recognize for non-agricultural land purposes that conform to district-level land use planning or general planning or subdivision planning or construction planning or rural planning, land parcel shall be recognized for that purpose but the land user must pay land use levy in accordance with law
Provincial-level People's Committees shall, based on local conditions and practices, specify land recognition quotas specified in Clauses 1 and 2, Article 141 of the Law on Land 2024 in case of land use before December 18, 1980 and from December 18, 1980 to before October 15, 1993.
The redetermination of residential land area of households and individuals in cases where residential land parcels with gardens, ponds or residential land granted certificates before July 1, 2004 when land users have demand or when the State expropriates land shall be carried out as follows:
- The residential land area shall be redetermined according to the provisions of Clauses 1 and 2 of this Article if at the time of issuance of the certificate, there is one of the documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Law on Land 2024 but not specified in Clause 4, Article 137 of the Law on Land 2024; the land user is required to pay land use levy for area redetermined as residential land.
In case a land user has transferred a part of the residential land area of a land parcel or the State has expropriated a part of the residential land area of the land parcel, when redetermining the residential land area, the portion of residential land that has been transferred land use rights or expropriated must be subtracted.
- The land area of the transferee of the land use right as prescribed by law or the expropriated land area shall not be redetermined according to the provisions of Point a, Clause 6, Article 141 of the Law on Land 20244.
Authorities competent to issue certificates of land use rights and ownership of land-attached assets as prescribed at Point b, Clause 1, Article 136 of the Law on Land 2024 shall redetermine the residential land area and issue certificates of land use rights and ownership of land-attached assets in the cases specified at Point a, Clause 6 Article 141 of the Law on Land 2024.
What are the contents of state management of land under the Law on Land 2024 in Vietnam?
According to Article 20 of the Law on Land 2024, the contents of state management of land include:
(1) Promulgation and organization of implementation of legislative documents on land use and management.
(2) Dissemination and propaganda, provision of training and education, scientific research, technology development and international cooperation in land use and management.
(3) Determination of administrative boundaries, preparation and management of administrative boundary records.
(4) Measurement, adjustment, creation of cadastral maps, land use maps, future land use maps and other maps dedicated to land management and use.
(5) Land survey and valuation, and land conservation and restoration.
(6) Preparation, adjustment and management of land use plannings and plans.
(7) Land allocation, land lease, land expropriation, recognization of LURs, land requisition, land repurposing.
(8) Survey on land prices, compilation of land price lists, determination of specific land prices, and management of land prices.
(9) Land-related financial management.
(10) Recompense, support, resettlement upon land expropriation or land requisition.
(11) Development, management and exploitation of available land.
(12) Land registration, preparation and management of cadastral records; grant, correction, revocation and cancellation of certificates.
(13) Production of land statistics and land inspection.
(14) Development, management, operation and exploitation of the national land information system.
(15) Management and supervision of the exercise of rights and obligations of land users/tenants
(16) Settlement of land disputes; resolution of land-related complaints and denunciations.
(17) Provision and management of land-related public services.
(18) Inspection, supervision, monitoring and assessment of the compliance with regulations of land law and handling of violations against regulations of land law.
Thus, the state management of land under the Law on Land 2024 in Vietnam includes the 18 contents as above.
From what date will the Law on Land 2024 in Vietnam come into force?
Under Article 252 of the Law on Land 2024, the effect of the Law on Land 2024 is 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.
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Thus, after being adopted at the extraordinary session of the National Assembly of Vietnam on January 15, 2024, the Law on Land 2024 is expected to come into force from January 1, 2025, except for Articles 190 and 248 of the Law on Land 2024 which will come into force from April 1, 2024.
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