What is unused land in Vietnam according to the law? What are the regulations on the measures to put unused land to use?
What is unused land in Vietnam according to the law?
Pursuant to the provisions of Clause 3, Article 10 of the 2013 Land Law of Vietnam as follows:
Land classification
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3. Unused land, including land of types for which land use purposes have not been determined yet.
In addition, according to the provisions of Clause 1, Article 58 of Decree No. 43/2014/ND-CP stipulating as follows:
Management of unused land
1. Unused land includes unused flatland, unused hilly and mountainous land and rocky mountains with no forests.
2. Annually, commune-level People’s Committees shall report on the management and exploitation of unused land areas to district-level People’s Committees.
Thus, based on the above regulations, land of types for which land use purposes have not been determined yet, including unused flatland, unused hilly and mountainous land and rocky mountains with no forests.
What is unused land in Vietnam according to the law? What are the regulations on the measures to put unused land to use? (Image from the Internet)
What are the regulations on the measures to put unused land to use?
Pursuant to the provisions of Article 59 of Decree No. 43/2014/ND-CP as follows:
Measures to put unused land to use under approved land use plans
1. The State shall adopt policies on infrastructure investment in border, island, deep- lying, remote and highland areas, areas having much land but sparsely inhabited, and areas with difficult natural conditions in order to put unused land to use; and to exempt or reduce land use levy or land rental for cases of allocation or lease of unused land for use.
2. Provincial-level People’s Committees shall use revenues collected from the change of land under wet rice cultivation into land used for other purposes and other lawful funding sources for the reclamation, rehabilitation and use of unused land.
Thus, according to the above provisions, measures to put unused land into use include the following:
- The State shall adopt policies on infrastructure investment in border, island, deep- lying, remote and highland areas, areas having much land but sparsely inhabited, and areas with difficult natural conditions in order to put unused land to use; and to exempt or reduce land use levy or land rental for cases of allocation or lease of unused land for use.
- Provincial-level People’s Committees shall use revenues collected from the change of land under wet rice cultivation into land used for other purposes and other lawful funding sources for the reclamation, rehabilitation and use of unused land.
How to manage unused land?
Management of unused land:
- Pursuant to the provisions of Article 164 of the 2013 Land Law of Vietnam guided by Article 58 of Decree No. 43/2014/ND-CP as follows:
Management of unused land
1. Commune-level People’s Committees shall manage and protect unused land in their localities and register it in cadastral records.
2. Provincial-level People’s Committees shall manage unused land on uninhabited islands.
3. The management of unused land must comply with the Government’s regulations.
Thus, the management of unused land is carried out as follows:
- Commune-level People’s Committees shall manage and protect unused land in their localities and register it in cadastral records.
- Provincial-level People’s Committees shall manage unused land on uninhabited islands.
- The management of unused land must comply with the Government’s regulations.
- Annually, commune-level People’s Committees shall report on the management and exploitation of unused land areas to district-level People’s Committees.
In addition, unused land can be put into use according to the provisions of Article 165 of the 2013 Land Law of Vietnam as follows:
Put unused land into use
1. Based on the land use master plans and plans approved by competent state agencies, the People’s Committees of all levels shall make plans for investment, reclamation and improvement of the unused land in order to put it into use.
2. The State shall encourage investment by organizations, households and individuals to put unused land into use in accordance with the land use master plans and plans approved by competent state agencies.
3. Land areas planned for agricultural purposes shall be allocated with priority to local households or individuals directly engaged in agricultural, forestry, aquaculture or salt production that have not been allocated land or lack production land.
Thus, the putting unused land into use is implemented as follows:
- Based on the land use master plans and plans approved by competent state agencies, the People’s Committees of all levels shall make plans for investment, reclamation and improvement of the unused land in order to put it into use.
- The State shall encourage investment by organizations, households and individuals to put unused land into use in accordance with the land use master plans and plans approved by competent state agencies.
- Land areas planned for agricultural purposes shall be allocated with priority to local households or individuals directly engaged in agricultural, forestry, aquaculture or salt production that have not been allocated land or lack production land.
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