Rights and obligations of citizens in relation to land in Vietnam as of January 1, 2025

Rights and obligations of citizens in relation to land in Vietnam as of January 1, 2025 (Internet image)

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

1. Rights of citizens in relation to land in Vietnam 

Pursuant to Article 23 of the Land Law 2024, citizens' rights to land are stipulated as follows:

- Rights to participate in developing and supervising the completion and implementation of policies and laws on land.

- Rights to participate in state management, contribution of opinions, discussion and recommendation, and report issues related to land management and use to regulatory agencies.

- Rights to equality and gender equality in land management and use.

- Rights to participate in auctioning LURs, bidding for selection of investors to carry out land-based projects (hereinafter referred to as “bidding for investor selection”) according to provisions of law; request the State to allocate land or lease land without LUR auctions or bidding for investor selection according to provisions of law.

- Rights to receive conveyed LURs, receive donated LURs, receive inherited LURs, receive LURs contributed as capital and lease LURs; rights to sell, purchase and receive conveyed shares and contributed capital which are LUR values according to the provisions of law.

- Rights to exercise rights of land users according to regulations of the Land Law 2024.

2.  Right to access land information in Vietnam

Specifically, Article 24 of the Land Law 2024 stipulates the right to access land information in Vietnamas follows:

- Citizens are granted the right to access the following land information:

+ Land use planning and plans, and planning related to land use which have been decided and approved by competent regulatory agencies;

+ Results of land statistics and land inspections;

+ Land allocation and land lease;

+ Land price lists which have been disclosed;

+ Arrangements for recompense, support and resettlement upon land expropriation, which have been approved by competent authorities;

+ Results of the inspection, examination and settlement of land disputes; results of the resolution of land-related complaints and denunciations, results of the handling of violations against land laws;

+ Land-related administrative procedures;

+ Legislative documents on land;

+ Other land information according to provisions of law.

- The access to land information shall be provided in accordance with regulations of the Land Law 2024, laws on access to information and other relevant laws.

3. Obligations of citizens in relation to land in Vietnam

According to Article 25 of the Land Law 2024, obligations of citizens in relation to land include:

- Comply with land laws;

- Preserve, protect and develop land resources.

- Respect LURs of other land users.

More details can be found in Land Law 2024, which comes into force from January 1, 2025, except for the following provisions:

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

- The development and approval of land use planning may continue complying with Resolution 61/2022/QH15 on continuing to strengthen the effect and efficiency of policies and laws on planning and a number of solutions to remove difficulties, speed up the formulation and improve the quality of planning for the 2021-2030 period.

Clause 9, Article 60 of Land Law 2024 takes effect from the date Resolution 61/2022/QH15 expires.

The Land Law 2013 ceases to be effective from the effective date of the Land Law 2024.

Ho Quoc Tuan

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