What are the cases of land allocation without land use levy in Vietnam? What are the bases for land allocation without land use levy?
- What are the cases of land allocation without land use levy in Vietnam?
- What are the bases for land allocation without land use levy to households and individuals directly engaged in agricultural production in Vietnam?
- Vietnam: Who has the authority to allocate land without collecting land use levy to households and individuals?
What are the cases of land allocation without land use levy in Vietnam?
Pursuant to the provisions of Article 54 of the Land Law 2013 as follows:
Land allocation without land use levy
The State shall allocate land without land use levy in the following cases:
1. Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of this Law;
2. Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business organizations that are not self-financed and use land for office construction.
4. Organizations that use land for construction of resettlement houses under the State’s projects.
5. Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of this Law.
Thus, based on the above provisions, The State shall allocate land without land use levy in the following cases:
- Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of the Land Law 2013;
- Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of the Land Law 2013;
- Public non-business organizations that are not self-financed and use land for office construction.
- Organizations that use land for construction of resettlement houses under the State’s projects.
- Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of the Land Law 2013.
What are the cases of land allocation without land use levy in Vietnam? What are the bases for land allocation without land use levy? (Image from the internet)
What are the bases for land allocation without land use levy to households and individuals directly engaged in agricultural production in Vietnam?
Pursuant to the provisions of Article 52 of the Land Law 2013 as follows:
Bases for land allocation, land lease and change of land use purpose
1. The annual district-level land use plans which have been approved by competent state agencies.
2. Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.
In Clause 1, Article 3 of Circular 33/2017/TT-BTNMT stipulates as follows:
The certification of households and individuals directly engaged in agricultural production
1. The certification of households and individuals directly engaged in agricultural production shall be carried out in the following cases:
a) Allocate agricultural land to households and individuals according to the provisions of Article 54 of the Land Law;
b) Register to receive transfer or donation of rice land use rights of households and individuals;
c) Recognition of agricultural land use rights for households and individuals;
d) Recover agricultural land from households and individuals that need to determine the beneficiaries of compensation and support.
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Accordingly, when a land user in 05 cases of land allocation without land use levy has an application for land allocation, the People's Committee of the district and the People's Committee of the province shall consider and decide to allocate land to the above subjects.
Thus, the grounds for land allocation without land use levy for households and individuals directly engaged in agricultural production are based on the following two bases:
- The annual land use plan of the district has been approved by the competent state agency.
- Demand for land use expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
Vietnam: Who has the authority to allocate land without collecting land use levy to households and individuals?
Pursuant to the provisions of Clause 2, Article 59 of the Land Law 2013, the following provisions are made:
Competence to allocate, lease land and approve change of land use purpose
1. Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:
a/ Allocation or lease of land to, and permission for change of land use purpose for, organizations;
b/ Allocation of land to religious institutions;
c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of this Law;
d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of this Law;
2. District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:
a/ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;
b/ Allocation of land to communities.
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Thus, based on the above provisions, the district-level People's Committee has the authority to decide to allocate land without collection of land use levy to households and individuals.
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