Official Dispatch 5323 on the Implementation of the Land Law 2024 and its guiding documents in Vietnam

Official Dispatch 5323 on the Implementation of the Land Law 2024 and its guiding documents in Vietnam
Trần Thanh Rin

The Ministry of Natural Resources and Environment of Vietnam has issued Official Dispatch 5323/BTNMT-QHPTTND to guide the implementation of Land Law 2024 and related guiding documents.

Official  Dispatch  5323  on  the  Implementation  of  the  Land  Law  2024  and  Guidance  Documents

Official Dispatch 5323 on the Implementation of the Land Law 2024 and its guiding documents in Vietnam (Image from the Internet)

On August 8, 2024, the Ministry of Natural Resources and Environment issued Official Dispatch 5323/BTNMT-QHPTTND on the implementation of the provisions of the Land Law 2024 and the its guiding documents.

Official Dispatch 5323 on the Implementation of the Land Law 2024 and its guiding documents in Vietnam

The Land Law 2024 (amended and supplemented by the Law amending and supplementing a number of articles of the Land Law 2024, Housing Law 2023, Real Estate Business Law 2023, and the Credit Institutions Law 2024) and the guiding legal documents take effect from August 1, 2024, introducing many changes compared to the 2013 land legislation.

To promptly and effectively implement the Land Law 2024 while ensuring the rights and legitimate interests of land users, residents, and businesses, the Ministry of Natural Resources and Environment requests that the People's Committees of provinces and centrally-governed cities urgently focus on implementing the following contents:

- Review tasks, dossiers, administrative procedures, and matters related to land use planning; land recovery; compensation, support, and resettlement when the state recovers land; land allocation, land lease, change of land use purpose; land valuation; review of land use needs, land allocation conditions, land lease, change of land use purpose in investment projects involving land use, administrative procedures on land, land registration, rights and obligations of land users, land use policies… received, implemented, and handled before August 1, 2024, to conduct according to the transitional provisions specified in the Land Law 2024 and its guiding documents.

- For tasks, dossiers, administrative procedures, and matters received, implemented, handled, or guided by the Ministry of Natural Resources and Environment, or the subordinate entities of the Ministry, before August 1, 2024, according to the 2013 land legislation but are not specified for transition in the Land Law 2024 and its guiding documents, they must be reviewed for implementation according to the new provisions of the Land Law 2024 and its guiding documents.

Prohibited Acts in the Field of Land in Vietnam under the Land Law 2024

The following acts are deemed prohibited in the field of land as per Article 11 of the Land Law 2024:

- Encroaching on land, appropriating land, and damaging land.

- Violating regulations of law on state management of land.

- Violating land policies towards ethnic minorities.

- Abusing positions and powers to violate regulations on land management.

- Not providing information or providing inaccurate land information, failing to meet the time requirements as prescribed by law.

- Not preventing or handling violations of land law.

- Not following the regulations of law when exercising the rights of land users.

- Using land and conducting transactions on land use rights without registering with the competent authority.

- Failing to fulfill or partially fulfilling financial obligations to the state.

Obstructing or causing difficulties in the use of land and exercising the rights of land users as prescribed by law.

- Gender discrimination in land management and use.

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