Requirements for land allocation, land lease, permission for land repurposing in Vietnam from August 1, 2024

Requirements for land allocation, land lease, permission for land repurposing in Vietnam from August 1, 2024 (Internet image)

On January 18, 2024, Hanoi passed the Land Law 2024.

Requirements for land allocation, land lease, permission for land repurposing in Vietnam from August 1, 2024

Article 122 of the Land Law 2024 stipulates the conditions for land allocation, land lease, and permission for land repurposing in Vietnam as follows:

- Competent state agencies are only allowed to decide on land allocation, land lease, or permission to convert the purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land to other purposes after receiving a Resolution from the Provincial People’s Council and meeting the grounds specified in Article 116 of the Land Law 2024, except for land use projects authorized by the National Assembly, the Prime Minister, approved, or decided on investment guidelines according to the provisions of the Investment Law 2020, Public Investment Law 2019, Public-Private Partnership Law 2020, and Oil and Gas Law 2022; or the Provincial People’s Council approves, decides on investment guidelines according to the provisions of the Public Investment Law 2019, and Public-Private Partnership Law 2020.

The conversion of rice cultivation land, special-use forest land, protective forest land, and production forest land to other purposes must follow the criteria and conditions set by the Government of Vietnam.

- Individuals or organizations allocated land, leased land, or permitted to change land use purposes for investment projects must meet the following conditions:

+ Deposit or other forms of guarantee as prescribed by the law on investment;

+ Possess the financial capacity to ensure the use of the land according to the project's schedule and other conditions as specified by relevant laws;

+ Not violate land laws or, if they have violated land laws, have complied with the legal decisions or judgments of competent authorities at the time of applying for land allocation, land lease, or permission to change land use purposes. The determination of land users' violations of land laws applies to all parcels of land being used nationwide.

- Permission to convert land use purposes for commercial housing investment projects must meet the following conditions:

+ Conditions stipulated in Clause 2, Article 122 of the Land Law 2024;

+ Individuals or organizations permitted by the state to change land use purposes possess the right to use homestead land or a combination of homestead land and other types of land;

+ Compliance with land use planning, construction planning, urban planning, and local housing development programs and plans, and not falling under cases where the state recovers land for national defense, security purposes, or land recovery for socioeconomic development for national and public benefits as stipulated in Articles 78 and 79 of the Land Law 2024;

+ Have a written approval of the investment guidelines simultaneously approving the investor by competent authorities as prescribed by investment law.

See more in the Land Law 2024, which comes into force in Vietnam from August 1, 2024, except for provisions stipulated in Clauses 2 and 3, Article 252 of the Land Law 2024.

The Land Law 2013 will cease to be in effect from the effective date of the Land Law 2024.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE