Land support for ethnic minorities in Vietnam from August 1, 2024, according to new regulations

Land support for ethnic minorities in Vietnam from August 1, 2024, according to new regulations (Image from the internet)

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

Land support for ethnic minorities in Vietnam from August 1, 2024, according to new regulations

According to Article 8 of Decree 102/2024/ND-CP, the regulations on land support for ethnic minorities in Vietnam from August 1, 2024, are as follows:

- Land support for individuals who are ethnic minorities, as stipulated in Clause 3, Article 16 of the Land Law 2024, is implemented as follows:

- In cases where there is no homestead land, homestead land will be allocated or the land use purpose will be converted from another type of land to homestead land. Land users are exempt from land levy for the area within the homestead land allocation limit as regulated by the provincial People's Committee.

- If the homestead land is insufficient compared to the homestead land allocation limit, the land use purpose will be converted from another type of land to homestead land, and the land levy will be exempted for the area within the homestead land allocation limit;

- In cases where there is no agricultural land or the agricultural land being used is less than 50% of the local agricultural land allocation limit, additional agricultural land will be allocated within the allocation limit.

- Responsibilities of the commune-level People's Committee and district-level People's Committee in supporting land for individuals who are ethnic minorities include:

- The commune-level People's Committee reviews and compiles a list of cases specified in Clause 7, Article 16 of the Land Law 2024 to report to the district-level People's Committee before October 15 annually;

- The district-level People's Committee organizes the measurement, identification of area, and land recovery for the cases specified in Clause 7, Article 16 of the Land Law 2024, including violations of land policy regarding ethnic minorities, and cases assigned land by the state or leased land according to Clause 3, Article 16 of the Land Law 2024 but no longer need the land;

- The district-level People's Committee prepares a plan to support land for individuals who are ethnic minorities based on the land fund specified in Clause 4, Article 16 of the Land Law 2024. The plan's content must clearly state the cases to be supported, the area of support, and forms of land support for individuals who are ethnic minorities;

- The district-level People's Committee submits to the provincial People's Committee the decision on land allocation and land lease areas to implement the land support policy for individuals who are ethnic minorities in accordance with the actual situation and the local land fund as stipulated in Clause 5, Article 16 of the Land Law 2024.

- Funding specified in Clause 8, Article 16 of the Land Law 2024 will be allocated from local budgets and other legal capital sources according to legal regulations. If the local budget cannot balance itself, the provincial People's Committee reports to the Ministry of Finance to submit to the Prime Minister of the Government of Vietnam for consideration and decision.

Regulations on receipt of land use rights in areas with limited access to land in Vietnam

According to Article 10 of Decree 102/2024/ND-CP, regulations on receipt of land use rights in areas with limited access to land in Vietnam are as follows:

- Areas with restricted land access include border communes, wards, and commune-level towns; coastal communes, wards, and commune-level towns; islands; and other areas that affect national defense and security according to the laws on investment and housing.

- For investment projects using land by foreign-invested economic organizations or overseas Vietnamese requesting state land allocation or lease in restricted land access areas, opinions from the Ministry of National Defense and the Ministry of Public Security are required. The procedure for obtaining opinions is implemented according to investment laws.

- In cases where foreign-invested economic organizations or overseas Vietnamese acquire land use rights specified in Point c, Clause 1, Article 28 of the Land Law 2024 or contribute capital with land use rights specified in Point d, Clause 1, Article 28 of the Land Law 2024 for investment projects in restricted land access areas, they must obtain the Ministry of National Defense's and the Ministry of Public Security's opinions as follows:

- The recipient of land use rights or the one contributing capital with land use rights must submit a written request to the provincial People's Committee where the land is located for permission to acquire land use rights or contribute capital in restricted land access areas;

- Within no more than 5 working days from receiving the written request, the provincial People's Committee sends a written request for opinions from the Ministry of National Defense and the Ministry of Public Security of Vietnam ;

- Within no more than 20 days from receiving the request for opinions, the Ministry of National Defense and the Ministry of Public Security of Vietnam must provide written feedback to the provincial People's Committee.

- The procedures for land allocation, land lease, acquiring land use rights, and contributing capital with land use rights are implemented according to the provisions of this Decree and the Decree regulating basic land investigation; registration, issuance of certificates of land use rights, property ownership attached to land, and the land information system.

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