According to the Law on Land in 2024, which lands are managed by agencies/organizations of the State of Vietnam?

According to the Law on Land in 2024, which lands are managed by agencies/organizations of the State of Vietnam?

Pursuant to Article 217 of the Law on Land in 2024 stipulating land managed by agencies/organizations of the State:

Land managed by agencies/organizations of the State

1. Land managed by an agency or organization of the State includes land that has not yet been allocated, leased or has been allocated for management, including:

a) Land used for public purposes;

b) Land covered by rivers, streams, canals, creeks, streams, ponds, lakes, lagoons;

c) Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities;

d) Dedicated water-covered land;

dd) Dedicated forest land, protective forest land, production forest land;

e) Land expropriated and allocated by the State to land bank development organizations for management;

g) Land expropriated and allocated by the State to the People's Committees of third-level administrative divisions for management in the cases mentioned in Point dd, Clause 1 and Clause 3, Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e, Clause 2, Article 181 of this Law;

h) Land reallocated or received through LUR disposition from foreign diplomatic organizations when there is no need to use the land on the basis of international treaties, international agreements and regulations of relevant laws;

i) Agricultural land used for public purposes of communes, wards or commune-level towns;

k) Unused land.

2. The agency or organization of the State allocated to manage the land bank specified in clause 1 of this Article are responsible for managing and preserving the land area allocated for management; the use of the above-mentioned land bank shall comply with the corresponding land use regulations according to the provisions of this Law.

As regulated above, the Law on Land in 2024 stipulates land managed by agencies/organizations of the State, including:

- Land used for public purposes;

- Land covered by rivers, streams, canals, creeks, streams, ponds, lakes, lagoons;

- Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities;

- Dedicated water-covered land;

- Dedicated forest land, protective forest land, production forest land;

- Land expropriated and allocated by the State to land bank development organizations for management;

- Land expropriated and allocated by the State to the People's Committees of third-level administrative divisions for management in the following cases:

+ Land is expropriated in case where forest land has been expropriated in accordance with forestry laws;

+ Homestead land in an area with environmental pollution which poses a risk to human life; Other land in an area with environmental pollution which can no longer be used for the intended purpose;

+ Homestead land which is at risk of landslides, subsidence, or is affected by other natural disasters that threaten human life; Other land which is subject to landslides, subsidence, or is affected by other natural disasters and can no longer be used.

+ The land user voluntarily returns part or all of the land (in writing).

+ Land expropriated by the State for national defense and security purposes, or for socio-economic development purpose in the national/public interest that is not allocated or leased out.

+ Land that have been handed over by agriculture and forestry companies to their divisions for purposes according to land use planning and plans but have not been implemented yet.

- Land reallocated or received through LUR disposition from foreign diplomatic organizations when there is no need to use the land on the basis of international treaties, international agreements and regulations of relevant laws;

- Agricultural land used for public purposes of communes, wards or commune-level towns;

- Unused land.

According to the Law on Land in 2024, which lands are managed by agencies/organizations of the State of Vietnam? - image from internet

Are land managed by agencies/organizations of the State eligible for land-related recompense when the State expropriates land in Vietnam?

Pursuant to Article 101 of the Law on Land in 2024 stipulating cases of ineligibility for land-related recompense when the State expropriates land in Vietnam:

Cases of ineligibility for land-related recompense when the State expropriates land

1. Cases prescribed in clause 1 Article 107 of this Law.

2. Land managed by agencies/organizations of the State provided for in Article 217 of this Law.

3. Land subject to expropriation in the cases prescribed in Article 81, clause 1 and clause 2 Article 82 of this Law.

4. Cases of ineligibility for a Certificate of title according to this Law, except for the case prescribed in clause 3 Article 96 of this Law.

As regulated above, land managed by agencies/organizations of the State are not eligible for land-related recompense when the State expropriates land in Vietnam.

What are contents of state management of land in Vietnam?

Pursuant to Article 20 of the Law on Land in 2024 stipulating contents of state management of land in Vietnam:

- Promulgation and organization of implementation of legislative documents on land use and management.

- Dissemination and propaganda, provision of training and education, scientific research, technology development and international cooperation in the land use and management.

- Determination of administrative boundaries, preparation and management of administrative boundary records.

- Measurement, adjustment, creation of cadastral maps, land use maps, future land use maps and other maps dedicated to land management and use.

- Land survey and valuation, and land conservation and restoration.

- Preparation, adjustment and management of land use planning and plans.

- Land allocation, land lease, land expropriation, recognition of LURs, land requisition, land repurposing.

- Survey on land prices, compilation of land price lists, determination of specific land prices, and management of land prices.

- Land-related financial management.

- Recompense, support, resettlement upon land expropriation or land requisition.

- Development, management and exploitation of land banks.

- Land registration, preparation and management of cadastral records; grant, correction, revocation and cancellation of certificates.

- Production of land statistics and land inspection.

- Development, management, operation and exploitation of the national land information system.

- Management and supervision of the exercise of rights and obligations of land users

- Settlement of land disputes; resolution of land-related complaints and denunciations.

- Provision and management of land-related public services.

- Inspection, examination, supervision, monitoring and assessment of the compliance with regulations of land law and handling of violations against regulations of land law.

Best regards!