Is there an official announcement of the Land Law 2024 in Vietnam?

Is there an official announcement of the Land Law 2024 in Vietnam?

On February 19, 2024, the President officially announced the Land Law 2024 with 16 Chapters, 260 Articles, effective from January 1, 2025.

The Land Law 2024 was approved by the National Assembly on January 18, 2024 at the 5th Extraordinary Session with a majority of votes in favor. The National Assembly passed the amended Land Law specifically with 432/477 delegates (accounting for 87.63% of the total number of National Assembly deputies)

The Land Law 2024 has been fully grasped and institutionalized in the spirit of Resolution 18-NQ/TW of 2022 of the 5th Conference of the 13th Party Central Committee, in accordance with the Constitution (currently in effect is the 2013 Constitution), synchronous and consistent with the legal system.

The Land Law 2024 is the result of close coordination, careful, thorough, scientific preparation, early and from afar, with great effort and determination of the National Assembly Standing Committee and the Government, Vietnam Fatherland Front, agencies of the National Assembly, National Assembly deputies, relevant agencies and organizations; mobilize all resources with a true spirit of inquiry, listening, and democracy; Take full advantage of the intelligence and contributions of experts, scientists, the business community, voters and people nationwide.

Regarding the scope of regulation, the Land Law 2024 still basically regulates the land ownership regime, the powers and responsibilities of the State representing the entire people's ownership of land, and unified land management, land management and use regime, rights and obligations of citizens and land users with respect to land within the territory of the Socialist Republic of Vietnam.

Is there an official announcement of the Land Law 2024 in Vietnam? (Image from the Internet)

Is the household head no longer responsible to the State for the household's land use from January 1, 2025 in Vietnam?

According to Article 6 of the Land Law 2024, regulations on who is responsible before the State for land use are as follows:

The person responsible before the State for land use

1. Legal representatives of domestic organizations and foreign-invested economic organizations; The head of a foreign organization has diplomatic functions regarding the use of his organization's land.

2. Chairman of the Commune People's Committee for the use of agricultural land for public purposes; Non-agricultural land has been assigned to the commune-level People's Committee to use for the purpose of building the People's Committee headquarters and public works serving cultural, educational, medical, physical training and sports activities. sports, entertainment, markets, cemeteries and other public works of communes, wards and towns; Religious land and belief land that has not yet been assigned for management and use.

3. The representative of the residential community is the head of the village, village, hamlet, hamlet, hamlet, hamlet, phum, soc, residential group and similar residential area or a person appointed by agreement of the residential community.

4. Representative of religious organizations and affiliated religious organizations for land use of religious organizations and affiliated religious organizations.

5. Individuals and people of Vietnamese origin residing abroad for the use of their land.

6. A person with common land use rights or a representative of a group of people with common land use rights for that land use.

Thereby, according to the Land Law 2024, the people responsible before the State for land use will include 06 subjects.

Compared to the provisions in Article 7 of the 2013 Land Law, the new regulations in Article 6 of the Land Law 2024 no longer subject the household head to responsibility before the State for the household's land use.

Is there a prohibition on gender discrimination in land management and use from January 1, 2025 in Vietnam?

According to Article 11 of the Land Law 2024, prohibited acts in the land field are as follows:

Behavior is strictly prohibited in the field of land

1. Encroaching land, occupying land, destroying land.

2. Violating the provisions of law on state management of land.

3. Violating of land policy towards ethnic minorities.

4. Taking advantage of positions and powers to violate the law on land management.

5. Failing to provide information or providing inaccurate land information that does not meet the time limit requirements prescribed by law.

6. Failing to prevent or handle violations of land laws.

7. Failing to comply with the provisions of law when exercising the rights of land users.

8. Using land, performing transactions on land use rights without registering with the competent authority.

9. Failing to perform or incomplete fulfillment of financial obligations to the State.

10. Obstructing or causing difficulties in land use and the exercise of land users' rights according to the provisions of law.

11. Gender discrimination in land management and use.

Thereby, it can be seen that prohibited acts in the land sector according to the provisions of the Land Law 2024 have had clear changes compared to the provisions of the 2013 Land Law in Vietnam, including additional regulations on prohibition of gender discrimination in land management and use.

In addition, there are outstanding changes as follows:

- Violation of land policies towards ethnic minorities is prohibited.

- Prohibition of providing information about land without meeting the time limit required by law

- There are no longer regulations prohibiting acts of not using land or using land for improper purposes

- There is no longer a regulation prohibiting transfer of industrial land use rights beyond the limit for households and individuals

Best regards!