Land users under the Land Law 2024 of Vietnam

Land users under the Land Law 2024 of Vietnam (Internet image) 

On January 18, 2024, at the 5th extraordinary session, the 15th National Assembly passed the Land Law 2024.

Land users under the Land Law 2024 of Vietnam

Land users who are allocated land, leased land, have LURs recognized by the State; who are using land stably and are eligible for grant of certificates of title but have not yet been granted certificates of LURs, certificates of home ownership and LURs of homestead land, certificates of LURs and ownership of housing and other property affixed to land or certificates of title; who receive LURs; or who sublease land as prescribed by this Law include:

- Vietnamese organizations including:

+ Regulatory agencies, agencies of the Communist Party of Vietnam, people's armed units, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers and other organizations established under the laws;

+ Business organizations under the Law on Investment, except for the cases prescribed in Clause 7 of this Article (hereinafter referred to as “business organizations”);

- Religious organizations and affiliated religious organizations;

- Vietnamese citizens residing in Vietnam and overseas Vietnamese nationals (hereinafter referred to as “individuals”);

- Populations;

- Foreign diplomatic organizations including diplomatic representative missions, consuls and other representative missions of foreign countries serving the function of diplomacy, which are recognized by the Government of Vietnam; representative missions of organizations affiliated to the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.

- Persons of Vietnamese descent residing overseas;

- Foreign-invested business organizations.

General rights and obligations of land users in Vietnam

(1) General rights of all land users in Vietnam 

- Land users shall be granted certificates of title if they are qualified as prescribed by land laws.

- Land users shall be granted the right to obtain results of labor and investment from land which is used lawfully.

- Land users shall be granted the right to enjoy benefits from the State's investment in agricultural land conservation, restoration and development.

- Land users shall be provided with the State’s guidance and assistance in agricultural land restoration.

- Land users shall be protected by the State against others’ infringements of their lawful rights and benefits related to land.

- Land users shall be granted the right to land repurposing according to this Law and other relevant laws.

- Land users shall be recompensed, supported and resettled if their land is expropriated according to this Law.

- Land users shall have the right to complain, denounce and sue for violations against their lawful LURs and other violations against land law.

(2) General obligations of land users in Vietnam

- Use land for the intended purposes, within the parcel boundaries, in accordance with regulations on the use of underground depth and overhead height, protect underground public works and comply with other relevant laws.

- Declare land registration; follow proper procedures for exchange, convey, lease, sublease, inheritance or donation of LURs, mortgage or capital contribution with LURs according to the law.

- Fulfil land-related financial obligations according to the law.

- Impose land conservation, treatment and restoration measures on polluted and degraded land areas caused by land users themselves.

- Comply with regulations on environmental protection, do not damage property and legitimate interests of relevant land users.

- Comply with laws on finding objects in the ground.

- Hand over land upon issuance of the State's decision on land expropriation according to the law.

(Article 26, 31 of the Land Law 2024)

More details can be found in the Land Law 2024, which comes into force from January 1, 2025, except for the cases specified in Clauses 2 and 3, Article 252 of the Land Law 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE