Guidance on issuing documents guiding the Land Law 2024 under the authority of the Provincial People's Committee in Vietnam

Trần Thanh Rin

09:30, 23/08/2024

The Ministry of Natural Resources and Environment of Vietnam issued Official Dispatch 5169/BTNMT-DD to guide the Provincial People's Committees in promulgating documents guiding the Land Law 2024 within their authority.

Guidance on Issuing Documents Guiding the Land Law 2024 Under the Jurisdiction of the Provincial People's Committee

Guidance on issuing documents guiding the Land Law 2024 under the authority of the Provincial People's Committee in Vietnam (Image from Internet)

On August 02, 2024, the Ministry of Natural Resources and Environment issued Official Dispatch 5169/BTNMT-DD regarding the issuance of documents to detail the implementation of the Land Law 2024 within the jurisdiction of the Provincial People's Committee.

Guidance on issuing documents guiding the Land Law 2024 under the authority of the Provincial People's Committee in Vietnam

To be specific, implementing Notice 245/TB-VPCP of 2024 from the Office of the Government of Vietnam on the conclusions of the Standing Committee of the Government of Vietnam on the preparation and completion of procedures and conditions for the National Assembly to consider early effective documents for the Laws: Land, Housing, Real Estate Business, the Ministry of Natural Resources and Environment issued Official Dispatch 3761/BTNMT-DD of 2024 to the People's Councils and People's Committees of provinces and centrally-administered cities, requesting proactive and expedited issuance of detailed implementation documents for the Land Law 2024 according to their assigned functions, duties, and powers.

Implementing the Land Law 2024, and directives of the Prime Minister of the Government of Vietnam in documents 222/QD-TTg of 2024, 202/TTg-NN of 2024, Official Telegram 53/CD-TTg of 2024, Official Telegram 63/CD-TTg of 2024, the Ministry of Natural Resources and Environment has chaired and cooperated with ministries, central authorities, and local authorities to draft a Decree detailing the implementation of certain articles of the Land Law 2024, to be submitted to the Government of Vietnam for issuance.

On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP detailing the implementation of certain articles of the Land Law 2024.

The Land Law 2024 and Decree 102/2024/ND-CP have provisions assigning the Provincial People's Committees to detail the implementation of several articles of the Land Law 2024 (specific content attached in the Appendix).

For instance:

No.	NAME OF LAW, DECREE	NAME OF DELEGATED ARTICLE	CONTENTS
I	LAND LAW 2024
1		Article 16	State Responsibilities Regarding Land for Ethnic Minorities
		Clause 6, Article 16	6. Provincial People's Committees shall submit to the same-level People's Councils for issuance of local policies regarding land for ethnic minorities living in the locality in accordance with local conditions and organize their implementation.
2		Article 126	Land Allocation, Leasing Through Bidding to Select Investors for Land Use Projects
		Point a, Clause 1, Article 126	a) The People's Councils at the provincial level shall stipulate criteria for deciding on bidding to select investors for land use projects in accordance with local conditions;
3		Article 139	Resolution for Households, Individuals Using Land in Violation of the Land Law Before July 1, 2014
		Clause 4, Article 139	4. Households and individuals currently using agricultural land by self-reclamation, without disputes, shall be granted Land Use Rights Certificates, ownership of property associated with land within the agricultural land limit as stipulated by the Provincial People's Committees; if it exceeds the limit, the excess land shall be leased by the State.
4		Article 141	Determining Homestead Land Area When Recognizing Land Use Rights
		Clause 5, Article 141	5. The Provincial People's Committees, based on local conditions and customs, shall specifically stipulate the limits for recognizing homestead land as stipulated in Clauses 1 and 2 of this Article for land used before December 18, 1980, and from December 18, 1980, to before October 15, 1993.
5		Article 176	Limits on Agricultural Land Allocation
		Clause 5, Article 176	5. The Provincial People's Committees shall stipulate the limits for allocating unused land to individuals for use according to land use planning and plans approved by competent authorities.
6		Article 177	Limits for Receiving Transfers of Agricultural Land Use Rights by Individuals
		Clause 3, Article 177	3. The Provincial People's Committees, based on the stipulations in Clauses 1 and 2 of this Article, shall specify the limits for receiving transfers of agricultural land use rights by individuals suited to local conditions.
7		Article 178	Agricultural Land Used by Individuals, Communities
		Clause 3, Article 178	3. Agricultural land users are allowed to change the structure of crops and livestock to combine land use according to multi-purpose regulations in Article 218 of this Law; they are allowed to use a land area as determined by the Provincial People's Committees to construct works directly serving agricultural production. If using rice cultivation land, it shall be in accordance with Article 182 of this Law.
8		Article 195	Residential Land in Rural Areas
		Clause 2, Article 195	2. Based on the land fund and actual conditions of the locality, the Provincial People's Committees shall stipulate the limits for allocating residential land to individuals in rural areas.
9		Article 196	Residential Land in Urban Areas
		Clause 2, Article 196	2. Based on the land fund and actual conditions of the locality, the Provincial People's Committees shall stipulate the limits for allocating residential land to individuals in urban areas.
10		Article 213	Land for Religious Use
		Clause 4, Article 213	4. The Provincial People's Committees, based on actual religious activities and the local land fund, shall stipulate the limits and decide the land area allocated to religious organizations and their subordinate units within the province.
11		Article 220	Separation and Combination of Parcels
		Clause 4, Article 220	4. The Provincial People's Committees, based on the stipulations of Clauses 1, 2, and 3 of this Article, relevant regulations, and local customs, shall specify the conditions and minimum area for separating and combining parcels for each type of land.

The Ministry of Natural Resources and Environment of Vietnam requests that the People's Committees of provinces and centrally-administered cities continue to proactively and urgently complete the construction and issuance of documents within their jurisdiction as stipulated, ensuring the quality and progress of document formulation and issuance, to be effective concurrently with the Land Law 2024 and Decree 102/2024/ND-CP.

More details can be found in Official Dispatch 5169/BTNMT-DD dated August 02, 2024.

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