The Laws on Land of Vietnam throughout different periods
What are Laws on Land of Vietnam from the past until now? What are regulations on the effective enforcement of the Law on Land in 2013 in Vietnam? Thank you!
The Laws on Land of Vietnam throughout different periods
The compilation of Laws on Land of Vietnam from the past until now
(1) Law on Land Reform in 1953
On December 4, 1953, the National Assembly promulgated the Law on Land Reform in 1953.
(2) Law on Land in 1987
On December 29, 1987, the National Assembly promulgated the Law on Land in 1987, which came into effect on January 8, 1988.
The Law on Land in 1987 regulated the collective ownership of land by the whole people and the right to use land.
According to this law, land is collectively owned by the whole people, represented and managed by the state. Land users are granted, leased, and transferred the land use rights by the state.
(3) Law on Land in 1993
On July 14, 1993, the National Assembly promulgated the Law on Land in 1993, which came into effect on October 15, 1993 to replace the Law on Land in 1987.
(4) Law on Land in 2003
On November 26, 2003, the National Assembly promulgated the Law on Land in 2003, which regulates the powers and responsibilities of the State which represents the entire-people owner of land and uniformly manages land; the regime of land management and use; the rights and obligations of land users.
The Law on Land in 2003 came into effect on July 1, 2004 to replace the Law on Land in 1993.
(5) Law on Land in 2013
On November 29, 2013, the National Assembly promulgated the Law on Land in 2013, which regulates the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land, the land management and use regimes, and the rights and obligations of land users over the land in the territory of the Socialist Republic of Vietnam.
The Law on Land in 2013 came into effect on July 1, 2014 to replace the Law on Land in 2003.
(6) Law on Land in 2024
On January 18, 2024, at the extraordinary 5th session, the National Assembly passed the Law on Land in 2024 with a voting result of 432/477 delegates present (accounting for 87.63% of the total number of National Assembly delegates).
The Law on Land in 2024 comes into effect on January 1, 2025. Articles 190 and 248 of the Law on Land in 2024 come into effect on April 1, 2024.
The Land Law of 2024 is a significant step towards improving the legal framework on land in Vietnam, contributing to ensuring efficient, sustainable, environmentally protective, and socio-economic development-oriented land use.
The Laws on Land of Vietnam throughout different periods - Image from Internet
What changes have been made to the Law on Land in 2024 in Vietnam?
For the major contents discussed at the Sixth Meeting, on the basis of research, discussion, exchange, thorough review, the relevant agencies have reached consensus on the following contents:
(1) Land-related rights and obligations of Vietnamese nationals residing overseas;
(2) No expansion of the scope of transfer of land use rights of foreign-invested business organizations (Article 28);
(3) Foreign-invested business organizations receiving real estate projects according to the law on real estate business;
(4) The rights and obligations of business organizations and public service providers using land and paying annual rents for property attached to the land (Article 34);
(5) Conditions for individuals who do not directly work in agriculture to obtain rice-growing land (Article 45),
(6) The principle of establishing and approving the land use plans of alladministrative levels (Article 60, Section 9);
(7) The land use targets defined in the land use plans of provinces and districts (Article 65 and Article 66);
(8) Organization of the implementation of land use plans, the allocation of the land use targets of provinces and districts (Article 76);
(9) Return of land for commercial housing projects, the execution of housing-commerce-service projects (Article 79 27);
(10) Development, use and management of land funds (Chapter 8);
(11) On the relationship between the cases of land withdrawal and the agreement on the right to use land or the right to use land for the implementation of economic and social development projects without the use of state budget funds;
(12) On the types of land for the implementation of commercial housing projects through the agreement on the right to use land or the right to use land;
(13) On the issuance of certificates to households, individuals who are using land without the right to use land without violating the law on land, not belonging to the law on the land, not belonging to the land rented illegally (Chapter 3 Article 138);
(14) On annual land rent payment (Chapter 3 Article 153);
(15) Land valuation methods and cases and conditions for each method (Article 158);
(16) On land reclamation (Article 190);
(17) Eligible users of civilian-military land (Clause 1, Article 201); the rights and obligations of military and police enterprises when using civilian-military land (point h, Clause 3, Article 201);
(18) No amendments to the law on public investment.
What is the expiration date of the Law on Land in 2013 in Vietnam?
Pursuant to Article 211 of the Law on Land in 2013 stipulating effect
Effect
1. This Law takes effect on July 1, 2014.
Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 of June 21, 2013, of the National Assembly on extension of the land use term for annual crops, aquaculture or salt production of households and individuals cease to be effective on the effective date of this Law.
2. Article 57 of Law No. 66/2006/QH11 on Vietnam Civil Aviation, Article 2 of Law No. 34/2009/QH12 Amending and Supplementing Article 126 of the Law on Housing and Article 121 of the Land Law, Article 4 of Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, Article 264 of Law No. 64/2010/QH12 on Administrative Procedures, and the provisions on land requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition of Property, are hereby annulled.
On January 18, 2024, at the extraordinary 5th session, the National Assembly passed the Law on Land in 2024 with a voting result of 432/477 delegates present (accounting for 87.63% of the total number of National Assembly delegates).
The Law on Land in 2024 comes into effect on January 1, 2025. Articles 190 and 248 of the Law on Land in 2024 come into effect on April 1, 2024.
Therefore, when the Law on Land in 2024 takes full effect, which is on January 1, 2025, the Law on Land in 2013 will no longer be in effect.
Best regards!
