What are the cases of the exercise of land use rights under certain conditions in Vietnam under the Land Law 2024?
- What are the cases of the exercise of land use rights under certain conditions in Vietnam under the Land Law 2024?
- What are the conditions for transfer or donation of land use rights of ethnic minority households and individuals that use land allocated by the State under the support policy in Vietnam?
- Vietnam: When does the Land Law 2024 come into force?
What are the cases of the exercise of land use rights under certain conditions in Vietnam under the Land Law 2024?
The exercise of land use rights under certain conditions is not a new provision in land law. The exercise of land use rights under certain conditions according to the Land Law 2013 is stated in Article 192 of the Land Law 2013.
However, the provision regarding land use rights under certain conditions in the Land Law 2024 has new and different content compared to the Land Law 2013. Specifically:
The cases of exercise of land use rights under certain conditions according to Article 48 of the Land Law 2024 is when individuals belonging to ethnic minorities are allocated or leased land by the State according to the provisions in Clause 3 of Article 16 of the Land Law 2024.
According to this, individuals belonging to ethnic minorities allocated or leased land by the State according to the provisions in Clause 3 of Article 16 of the Land Law 2024 are not allowed to transfer, contribute capital, gift, inherit, or mortgage their land use rights, except in two cases:
Case 1:
Individuals belonging to ethnic minorities allocated or leased land by the State according to the provisions in Clause 3 of Article 16 of the Land Law 2024 are allowed to inherit, gift, or transfer their land use rights to the eligible inheritance recipients specified in Clause 2 of Article 16 of the Land Law 2024.
If the land user dies without eligible inheritance recipients as specified in Clause 2 of Article 16 of the Land Law 2024, the State will expropriate the land and compensate the properties attached to the land to the eligible inheritance recipients according to the provisions of the law;
If the land user moves out of the province where the land is located to reside elsewhere or no longer has a need for the land without gifting or transferring the land use rights to the eligible inheritance recipients specified in Clause 2 of Article 16 of the Land Law 2024, the State will expropriate the land and compensate the properties attached to the land to the person whose land is expropriated according to the provisions of the law. The expropriated land will be used to continue allocating or leasing it to other individuals belonging to ethnic minorities according to the policies specified in Article 16 of the Land Law 2024.
Case 2:
Individuals belonging to ethnic minorities allocated or leased land by the State according to the provisions in Clause 3 of Article 16 of the Land Law 2024 are allowed to mortgage their land use rights at the policy bank.
*Note: Individuals belonging to ethnic minorities allocated or leased land by the State according to the provisions in Clause 3 of Article 16 of the Land Law 2024 are not allowed to transfer, contribute capital, gift, inherit, or mortgage their land use rights, except in the cases specified above.
What are the cases of the exercise of land use rights under certain conditions in Vietnam under the Land Law 2024? (Image from the Internet)
What are the conditions for transfer or donation of land use rights of ethnic minority households and individuals that use land allocated by the State under the support policy in Vietnam?
Pursuant to the provisions in Article 40 of Decree 43/2014/ND-CP, the conditions for transfer or donation of land use rights of ethnic minority households and individuals that use land allocated by the State under the support policy are as follows:
- Ethnic minority households and individuals that use land allocated by the State under the support policy may only transfer or donate land use rights 10 years after land allocation decision is issued if the commune-level People’s Committee of the locality where the land is located certifies that they no longer need to use the land because they move from the commune, ward or township where they reside to other places or they shift to do other trades or they no longer have working capacity.
- Organizations and individuals may not acquire or be donated land use rights from ethnic minority households or individuals that use land allocated by the State under the support policy if the latter do not fall in the cases eligible for transfer or donation of land use rights as prescribed in Clause 1 of this Article.
Vietnam: When does the Land Law 2024 come into force?
Pursuant to Article 252 of the Land Law 2024, the provisions are as follows:
Effect
1. This law shall come into effect on January 1, 2025, except for the provisions in clauses 2 and 3 of this Article.
2. Article 190 and Article 248 of this law shall come into effect on April 1, 2024.
3. The establishment and approval of land use planning shall continue to be implemented in accordance with Resolution No. 61/2022/QH15 dated June 16, 2022, of the National Assembly on enhancing the effectiveness of policies and laws on planning and resolving difficulties, obstacles, accelerating the progress, and improving the quality of planning during the period 2021-2030.
Clause 9 of Article 60 of this law shall come into effect from the date Resolution No. 61/2022/QH15 expires.
4. The Land Law No. 45/2013/QH13, as amended and supplemented by the Law No. 35/2018/QH14 (referred to as the Law No. 45/2013/QH13), shall cease to be effective from the date this law comes into effect.
Therefore, the Land Law 2024 comes into force on January 1, 2025. However, Article 190 and Article 248 of the Land Law 2024 comes into force on April 1, 2024.
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