What are details of the Land Law 2024 and latest documents guiding the Land Law in Vietnam?
What are details of the Land Law 2024 and latest documents guiding the Land Law in Vietnam?
On January 18, 2024, the National Assembly promulgated the Land Law 2024 stipulating policies on land ownership, the powers and responsibilities of the State representing the ownership of the entire people over land and unifying management of land, policies for managing and using land, rights and obligations of citizens, land users with respect to land within the territory of the Socialist Republic of Vietnam.
The Land Law 2024 consists of 260 Articles and 16 Chapters.
Thus, the latest Land Law of 2024 is the Land Law 2024 and is used until a replacement document is available.
Currently, there are 14 guiding documents for the Land Law 2024 as of October 3, 2024, and they will continue to be updated (if any):
[1] Decree 115/2024/ND-CP guiding the Bidding Law on selecting investors to implement investment projects using land
[2] Decree 112/2024/ND-CP guiding rice cultivation land
[3] Circular 10/2024/TT-BTNMT stipulating cadastral records, Certificate of land use rights, ownership of assets attached to land
[4] Circular 08/2024/TT-BTNMT stipulating statistics, inventory of land, and mapping the current land use status
[5] Decree 104/2024/ND-CP regulating the Land Development Fund
[6] Circular 56/2024/TT-BTC stipulating the rates, policies for collection, payment, management, and use of fees for exploiting and using land documents from the Land Information System
[7] Circular 09/2024/TT-BTNMT stipulating the content, structure, and type of information for the national land database and technical requirements for application software of the national land information system
[8] Circular 11/2024/TT-BTNMT stipulating the techniques for investigating and evaluating land; techniques for protecting, improving, and restoring land
[9] Decree 103/2024/ND-CP regulating land levy and land rent
[10] Decree 102/2024/ND-CP guiding the Land Law
[11] Circular 11/2024/TT-BTNMT stipulating the techniques for investigating and evaluating land; techniques for protecting, improving, and restoring land
[12] Decree 88/2024/ND-CP on compensation, support, and resettlement when the State recovers land
[13] Decree 71/2024/ND-CP stipulating land prices
[14] Decree 42/2024/ND-CP on land reclamation activities from the sea
What are details of the Land Law 2024 and latest documents guiding the Land Law in Vietnam? (Image from the Internet)
According to Land Law 2024, which entities are considered land users in Vietnam?
Based on Article 4 of the Land Law 2024, land users in Vietnam are defined as:
Article 4. Land Users
Land users are those to whom the State allocates land, leases land, or recognizes land use rights; are using land stably and are eligible for a Certificate of land use rights, ownership of assets attached to land but have not been granted the Certificate of land use rights, Certificate of house ownership, and rights to use homestead land, Certificate of land use rights, ownership of houses and other assets attached to land, Certificate of land use rights, ownership of assets attached to land; acquire land use rights; sublease land according to the provisions of this Law, including:
1. Domestic organizations include:
a) State agencies, Communist Party of Vietnam organizations, people's armed forces units, the Vietnam Fatherland Front, political-social organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers, and other organizations as prescribed by law;
b) Economic organizations as prescribed by the Investment Law, except in cases specified in Clause 7 of this Article (hereinafter referred to as economic organizations);
[...]
Thus, land users in Vietnam include the following entities:
- Domestic organizations include:
+ State agencies, Communist Party of Vietnam organizations, people's armed forces units, the Vietnam Fatherland Front, political-social organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers, and other organizations as prescribed by law
+ Economic organizations, except for foreign-invested economic organizations
- Religious organizations and affiliated religious entities
- Domestic individuals, overseas Vietnamese who are Vietnamese citizens (hereinafter referred to as individuals)
- Residential communities
- Foreign organizations with diplomatic functions, including diplomatic missions, consular offices, and other foreign representations with diplomatic functions recognized by the Government of Vietnam; representative offices of United Nations organizations, intergovernmental organizations, or representative offices of intergovernmental organizations
- Overseas Vietnamese
- Foreign-invested economic organizations
What are prohibited acts related to land in Vietnam?
Based on Article 11 of the Land Law 2024, the prohibited acts related to land in Vietnam include:
- Encroaching upon land, occupying land, and destroying land.
- Violating the provisions of law on state management of land.
- Violating land policies concerning ethnic minorities.
- Abusing position and power to contravene the provisions of law on land management.
- Failing to provide information or providing inaccurate information about land, failing to meet the requirements regarding the timeframe as prescribed by law.
- Failing to prevent, not handling violations of the law on land.
- Not conforming to the law when exercising the rights of land users.
- Using land, conducting transactions on land use rights without registering with the competent authority.
- Failing to fulfill or inadequately fulfilling financial obligations to the State.
- Obstructing, causing difficulties in using land or in exercising the rights of land users as prescribed by law.
- Gender discrimination in the management and use of land.
