Newest guidance on land allocation, land lease for land parcels are small and narrow or are located side by side in Vietnam

Newest guidance on land allocation, land lease for land parcels are small and narrow or are located side by side in Vietnam (Image from Internet)

On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP guiding the Land Law 2024.

Newest guidance on land allocation, land lease for land parcels are small and narrow or are located side by side in Vietnam 

According to Article 47 of Decree 102/2024/ND-CP, the regulations on land allocation, land lease for small and narrow or are located side by side are as follows:

- Small and narrow or are located side by side allocated or leased under Article 47 of Decree 102/2024/ND-CP must meet the following criteria:

+ Belong to land funds that have been recovered according to decisions of competent State agencies, lands not yet allocated or leased, or lands under management stipulated in point d clause 1 and clause 2 Article 7 of Land Law 2024;

+ Do not meet the minimum conditions and area for parcel division as per the provincial People’s Committee regulations;

+ Suitable with the district-level land use plan or the general planning or detailed planning approved as per the urban planning laws or rural residential area construction planning, new rural commune construction planning approved by competent authorities;

+ Not located in areas designated for projects or structures identified in the land use planning approved and publicly announced by competent authorities;

+ The proposed land for allocation or lease is not under dispute, complaint, or violation, or if so, it has been resolved in accordance with the law.

- Principles for land allocation, land lease for narrow, interstitial parcels:

+ Priority should be given to using small and narrow or are located side by side for public purposes. If not feasible, land allocation with land levy or leasing to adjacent land users shall be implemented;

+ In cases where multiple adjacent land users wish to use the narrow, interstitial parcel, the competent authority for land allocation, land lease will consider urban planning, practical land use conditions to decide;

+ The allocation and leasing of land for narrow, interstitial parcels to adjacent land users are to be performed after the People's Committee at various levels have reviewed, publicly announced, and gathered opinions from residents in the area with the land;

+ The allocation and leasing of land for narrow, interstitial parcels based on the request for land allocation or leasing from the adjacent land user must be transparent, open, and democratic;

+ After the State allocates or leases the land, the adjacent land user must carry out the parcel merging procedures as prescribed;

+ Ensuring the rights to adjacent parcels according to the land laws and civil laws; no land disputes, complaints, or legal land appeals arising.

- The land use duration when the State allocates or leases narrow, interstitial parcels to adjacent land users will be determined consistently with the duration of the adjacent user's parcel. In cases involving allocation or lease of narrow, interstitial parcels linked with changing the use purpose of the adjacent parcel, the land use duration will be determined as per Articles 171 and 172 of the Land Law 2024.

- The provincial People's Committee shall specifically regulate the review, public announcement, listing of narrow, interstitial parcels, and procedures for land allocation or leasing for such parcels within the locality.

More details can be found in Decree 102/2024/ND-CP which comes into force in Vietnam from August 01, 2024.

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