Which contents of the Land Law 2024 will take effect soon in Vietnam?

Which contents of the Land Law 2024 will take effect soon in Vietnam?

According to Article 252 of the Land Law 2024, the effect provisions are as follows:

Effect

1. This Law takes effect from January 1, 2025, except for the cases specified in Clauses 2 and 3 of this Article.

2. Articles 190 and 248 of this Law take effect from April 1, 2024.

3. The preparation and approval of land use planning will continue to be implemented according to the provisions of Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to enhance the effectiveness and efficiency of implementation of current policies and laws on planning and a number of solutions to remove difficulties and obstacles, speed up the planning process and improve the quality of planning in the 2021 - 2030 period

Clause 9, Article 60 of this Law takes effect from the date Resolution No. 61/2022/QH15 expires.

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According to this Article, the Land Law 2024 will take effect from January 1, 2025. However, there are two contents that will take effect soon, starting from April 1, 2024, specifically:

[1] Article 190 of the Land Law 2024 regulates sea reclamation activities

[2] Article 248 of the Land Law 2024 stipulates amendments and supplements to a number of articles of the 2017 Forestry Law, which have been amended and supplemented according to the 2023 Price Law.

In addition, Clause 9, Article 60 of the Land Law 2024 will take effect when Resolution 61/2022/QH15 expires.

Specifically, the content of this clause is about the principles of planning and land use plans:

- Land use planning at all levels is prepared simultaneously;

- Higher level land use planning must be decided and approved before lower level land use planning.

At the end of the land use planning period, if the land use planning for the next period has not been decided or approved by the competent authority, the land use targets that have not been fully implemented will continue to be implemented until the land use planning period is completed. The land use plan for the next period is decided and approved by the competent state agency.

Which contents of the Land Law 2024 will take effect soon in Vietnam? (Image from the Internet)

What does planning system and land use plan include under the Land Law 2024 in Vietnam?

According to Article 61 of the Land Law 2024, regulations on the planning system and land use plans are as follows:

Planning system and land use plan

1. The land use planning and planning system includes:

a) National land use planning and plans;

b) Provincial land use planning and plans;

c) District-level land use planning, district-level annual land use plan;

d) National defense land use planning;

d) Security land use planning.

2. National land use planning, defense land use planning and security land use planning belong to the national planning system, implemented in accordance with the provisions of this Law and the law on planning.

3. Provincial-level land use planning and district-level land use planning are technical and specialized planning that concretizes national planning, regional planning, and provincial planning.

According to this Article, the land use planning and planning system no longer has regulations on National Defense Land Use Plans and Security Land Use Plans.

This is a change compared to the provisions in Article 36 of the 2013 Land Law amended by Clause 1, Article 6 of the Law Amending and Supplementing a Number of Articles of 37 Law related to planning.

What are principles of seaward encroachment activities from April 1, 2024 in Vietnam?

According to Clause 2, Article 190 of the Land Law 2024, regulations on seaward encroachment activities are as follows:

- Ensure national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a member;

- Based on a full assessment of the economy, society, and environment, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change and sea water offer;

- In accordance with provincial planning or district land use planning or construction planning or urban planning;

- Exploit and effectively use marine resources; ensure harmony of interests of organizations and individuals carrying out sea reclamation activities and other related organizations and individuals; ensure people and communities' right to access the sea;

- Sea encroachment activities must be established as an investment project or item of an investment project according to the provisions of law.

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