Regulations on land classification in Vietnam under the Land Law 2024

Regulations on land classification in Vietnam under the Land Law 2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Regulations on land classification in Vietnam under the Land Law 2024

Regulations on land classification in Vietnam under Article 9 of the Land Law 2024 are as follows:

- Depending on use purposes, land is classified into three main categories: agricultural land, non-agricultural land and vacant land.

- The category of agricultural land is classified into the following sub-categories/types:

+ Land for annual production, including land for rice cultivation/ paddy cultivation and another annual crop land;

+ Perennial crop land;

+ Forestry land, including dedicated forest land, protective forest land, and production forest land;

+ Land for aquaculture;

+ Land for intensive farming;

+ Land for salt production;

+ Other agricultural land.

- The category of non-agricultural land includes:

+ Homestead land including rural homestead land and urban homestead land;

+ Land for construction of head offices/offices;

+ Land used for national defense and security purposes (hereinafter referred to “national defense land and security land”);

+ Land for construction of public works, including land for construction of cultural facilities, social facilities, health facilities, education and training institutes, physical training and sports centers, science and technology facilities, environmental facilities, hydro-meteorological centers, diplomacy centers and other public works or land  for construction of head offices/offices of other public service providers;

+ Land used for non-agricultural business and production purposes, including land for industrial parks and industrial clusters; land used for trading or service purposes/commercial land; non-agricultural production establishment land; land used for mineral-related activities;

+ Land used in the public interest, including land used for transport; land used for irrigation; land for water supply and drainage works; land for natural disaster prevention and management works; land with historical-cultural monuments, famous landscape, sights, natural heritage; land for waste treatment works; land for energy and public lighting projects; land for post, telecommunications and information technology infrastructure; land for residential markets and wholesale markets; land for public entertainment, recreation and community activities;

+ Land used for religious exercise/used by religious organizations (religious land); land used by belief organizations (belief land);

+ Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities;

+ Dedicated water-covered land;

+ Other non-agricultural land.

- The category of vacant land includes unallocated/unleased land for which use purposes have not been determined yet.

2. Regulations on determination of land categories in Vietnam according to the Land Law 2024

Regulations on determination of land categories in Vietnam according to Article 10 of the Land Law 2024 are as follows:

- The determination of land types shall be based on:

+ Certificate of LUR, certificate of home ownership and LURs of homestead land, certificate of LURs, ownership of housing and other property affixed to land; or certificate of title;

+ Documents on LURs prescribed in Article 137 of this Law in case the certificates mentioned in point a of this clause have not yet been granted;

+ Decision on land allocation, land lease or permission for land repurposing issued by a competent regulatory agency in case where the certificates mentioned in point a of this clause have not yet been granted.

- In cases where the documents prescribed in clause 1 of Article 10 of the Land Law 2024 are not available and where the land type determined on the granted document is different from any of the land types classified in the Land Law 2024 or the current use of the land, the land type shall be determined according to regulations of the Government of Vietnam.

The Land Law 2024 shall take effect from January 1, 2025, except for the following cases:

- Articles 190 and 248 of the Land Law 2024 shall take effect from April 1, 2024.

- The development and approval of land use planning may continue complying with Resolution 61/2022/QH15

Clause 9, Article 60 of the Land Law 2024 shall take effect from the date of expiration of Resolution 61/2022/QH15.

The Land Law 2013 shall expire from January 1, 2025

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