Has there been Decree 102/2024/ND-CP guiding the Land Law?
Is there Decree 102/2024/ND-CP guiding the Land Law?
On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP detailing the implementation of certain provisions of the Land Law, effective from August 1, 2024.
Decree 102/2024/ND-CP details and guides the implementation of Clause 6 Article 3, Article 9, Clause 2 Article 10, Article 16, Clause 4 Article 22, Point d Clause 1 Article 28, Clause 3 Article 28, Clause 6 Article 49, Article 65, Clause 2 Article 74, Clause 9 Article 76, Clause 10 Article 76, Article 81, Article 82, Article 84, Article 87, Article 88, Point b Clause 5 Article 89, Clause 7 Article 89, Article 90, Article 113, Clause 3 Article 115, Clause 6 Article 116, Clause 7 Article 116, Clause 1 Article 122, Point n Clause 3 Article 124, Clause 8 Article 124, Article 125, Article 126, Article 127, Article 172, Article 181, Article 190, Article 192, Article 193, Article 194, Article 197, Article 200, Article 201, Article 202, Article 203, Article 204, Article 208, Article 210, Article 216, Article 218, Article 219, Article 223, Article 232, Clause 8 Article 234, Clause 7 Article 236, Clause 2 Article 240, Point c Clause 2 Article 243, Point b Clause 2 Article 257 of the Land Law.
Is there Decree 102/2024/ND-CP guiding the Land Law? (Image from the Internet)
How are the types of land in the group of unused land detailed?
Based on Article 6 of Decree 102/2024/ND-CP, detailing the types of land in the group of unused land:
Details of the types of land in the group of unused land
The group of unused land is land that has not been determined for its use purpose and has not been allocated or leased. Specifically:
Land reclaimed by the State according to the land laws that has not been allocated or leased but assigned to the People's Committee at the commune level or land development organization for management;
Unused flat land is land that has not been used in flat areas such as plains, valleys, and plateaus;
Unused hilly land is land that has not been used on sloping terrain in hilly areas;
Rocky mountain land without forest is land in the form of rocky mountains without forests on it;
Unused water surface land is land with a water surface that has not been allocated, leased, or determined for its use purpose as stipulated in Articles 4 and 5 of this Decree.
Thus, the types of land in the group of unused land are detailed as follows:
- Land reclaimed by the State according to the land laws that has not been allocated or leased but assigned to the People's Committee at the commune level or land development organization for management- Unused flat land is land that has not been used in flat areas such as plains, valleys, and plateaus- Unused hilly land is land that has not been used on sloping terrain in hilly areas- Rocky mountain land without forest is land in the form of rocky mountains without forests on it- Unused water surface land is land with a water surface that has not been allocated, leased, or determined for its use purpose
How is land support for individuals of ethnic minorities regulated?
Based on Article 8 of Decree 102/2024/ND-CP, regulating land support for ethnic minorities:
Land support for ethnic minorities
1. Land support for individuals of ethnic minorities as stipulated in Clause 3 Article 16 of the Land Law is implemented as follows:
a) In cases without homestead land, homestead land will be allocated or converted from other types of land to homestead land; land users are exempt from land levies for areas within the homestead land allocation limits as prescribed by the provincial People's Committee.
In cases where homestead land is insufficient compared to the homestead land allocation limits, land use can be converted from other types of land to homestead land and are exempt from land levies for areas within the homestead land allocation limits;
b) In cases without agricultural land or where the agricultural land in use is less than 50% of the local agricultural land allocation limits, additional agricultural land will be allocated within the limits.
- Responsibilities of the People's Committee at the commune level and the People's Committee at the district level in providing land support to individuals of ethnic minorities:
a) The People's Committee at the commune level reviews and lists cases as stipulated in Clause 7 Article 16 of the Land Law and reports to the People's Committee at the district level before October 15 each year;
b) The People's Committee at the district level organizes land measurement, determines areas, and reclaims land in cases as stipulated in Clause 7 Article 16 of the Land Law, which include violations of land policies related to ethnic minorities and cases where land was previously allocated or leased by the State under Clause 3 Article 16 of the Land Law but is no longer needed;
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Thus, land support for individuals of ethnic minorities is regulated as follows:
- In cases without homestead land, homestead land will be allocated or converted from other types of land to homestead land; land users are exempt from land levies for areas within the homestead land allocation limits as prescribed by the provincial People's Committee.- In cases where homestead land is insufficient compared to the homestead land allocation limits, land use can be converted from other types of land to homestead land and are exempt from land levies for areas within the homestead land allocation limits- In cases without agricultural land or where the agricultural land in use is less than 50% of the local agricultural land allocation limits, additional agricultural land will be allocated within the limits.
