What are rights and obligations of land users according to the Land Law 2024 in Vietnam?

Who is the land user according to the Land Law 2024 in Vietnam?

Based on Article 4 of the Land Law 2024, the land users are defined as follows:

Land users

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1. Domestic organizations include:

a) State agencies, Communist Party of Vietnam agencies, armed forces units, Vietnam Fatherland Front, political-social organizations, socio-professional organizations, social organizations, socio-professional organizations, public career units, and other organizations as prescribed by law;

b) Economic organizations as regulated by the Investment Law, except for cases specified in Clause 7 of this Article (hereinafter referred to as economic organizations);

2. Religious organizations, subordinate religious organizations;

3. Individuals in the country, Vietnamese nationals residing abroad who are Vietnamese citizens (hereinafter referred to as individuals);

4. Community residents;

5. Foreign organizations with diplomatic functions, including diplomatic representative offices, consular offices, other diplomatic representative offices recognized by the Government of Vietnam; representative offices of United Nations organizations, intergovernmental organizations, representative offices of intergovernmental organizations;

6. Vietnamese origin individuals residing abroad;

7. Economic organizations with foreign investment.

Therefore, according to the Land Law 2024, there are 07 land user entities in Vietnam, including:

- Domestic organizations;

- Religious organizations, subordinate religious organizations;

- Individuals in the country, Vietnamese nationals residing abroad who are Vietnamese citizens;

- Community residents;

- Foreign organizations with diplomatic functions;

- Vietnamese origin individuals residing abroad;

- Economic organizations with foreign investment.

What are rights and obligations of land users according to the Land Law 2024 in Vietnam? (Image from the Internet)

What are rights and obligations of land users according to the Land Law 2024 in Vietnam?

Firstly, regarding the rights of land users

Based on Article 26 of the Land Law 2024, the general rights of land users are as follows:

General rights of land users

1. Being granted a Certificate of Land Use Rights, ownership rights to assets attached to land when meeting the conditions prescribed by land laws.

2. Enjoying the results of labor, investment results on legally used land.

3. Enjoying benefits when the State invests in protecting, renovating, and developing agricultural land.

4. Being guided and assisted by the State in land renovation and restoration of agricultural land.

5. Being protected by the State when others infringe upon their legitimate rights and interests regarding land.

6. Having the right to change the land use purpose according to the provisions of this Law and other relevant laws.

7. Being compensated, supported, and resettled when the State recovers land according to the provisions of this Law.

8. Filing complaints, denunciations, and lawsuits regarding violations of their legitimate land use rights and other violations of land laws.

In addition, based on Article 27 of the Land Law 2024, there are also some rights of land users as follows:

Rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights

1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights according to the provisions of this Law and other relevant laws.

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Therefore, the full text of the Land Law 2024 stipulates 08 rights of land users in Vietnam, including:

- Being granted a Certificate of Land Use Rights, ownership rights to assets attached to land;

- Receiving the results of labor, investment results on legally used land;

- Receiving benefits when the State invests in protecting, renovating, and developing agricultural land;

- Being guided and assisted in land renovation and restoration of agricultural land;

- Being protected when others infringe upon their legitimate rights and interests regarding land;

- Having the right to change the land use purpose;

- Being compensated, supported, and resettled when the State recovers land;

- Filing complaints, denunciations, and lawsuits regarding violations of land laws.

Furthermore, the Land Law 2024 also stipulates the rights to receive land use rights, rights regarding adjacent plots of land, and the right to choose the form of land rent payment for certain specific entities.

Secondly, regarding the obligations of land users

Article 31 of the Land Law 2024 stipulates the general obligations of land users as follows:

- Using land for the intended purpose, within the boundaries of the land plot, complying with regulations on land use depth and height above ground, protecting public works within the land and complying with other relevant legal provisions.

- Fulfilling the declaration and registration of land; fulfilling the procedures for conversion, transfer, lease, sublease, inheritance, donation of land use rights; mortgage, contribution of capital with land use rights according to the provisions of the law.

- Fulfilling financial obligations regarding land according to the provisions of the law.

- Implementing measures to protect land; handling, renovating, and restoring land in areas polluted or degraded by themselves.

- Complying with regulations on environmental protection, not causing harm to the property and legitimate interests of related land users.

What are land use principles in Vietnam?

Based on Article 5 of the Land Law 2024, the principles of land use are as follows:

- Use land for the right purpose.

- Sustainable, efficient, and effective for land and surface resources, as well as underground resources.

- Protect land, protect the environment, adapt to climate change, do not misuse plant protection chemicals, chemical fertilizers causing pollution, and land degradation.

- Exercise the rights and obligations of land users within the land use period as prescribed by this Law and other relevant legal regulations; do not infringe on the legitimate rights and interests of adjacent and surrounding land users.

Best Regards!