Responsibilities of the State related to land for ethnic minorities in Vietnam

Responsibilities of the State related to land for ethnic minorities in Vietnam (Image from the internet)

Responsibilities of the State related to land for ethnic minorities in Vietnam

(1) Implement policies to ensure communal living space for ethnic minorities tailored to the customs, traditions, beliefs, cultural identities, and actual conditions of each region.

(2) Provide initial land support policies for individuals who are ethnic minorities and classified as poor or near-poor households in ethnic minority and mountainous regions, in accordance with their customs, traditions, beliefs, cultural identities, and actual conditions of each region to ensure stable living conditions as follows:

- Allocate homestead land within limits and offer exemptions or reductions on land levy;

- Permit changes in land use purpose to homestead land within the allocated limits and provide exemptions or reductions on land levy for land originally allocated, leased, recognized by the State, inherited, donated, or land use rights transferred in accordance with the law;

- Allocate agricultural land within limits without collecting land levy;

- Lease non-homestead land for production or business purposes with land rent exemptions or reductions;

- The area of land allocation or permission for changing land use purpose as stated in points (a) and (b) of this clause is included in the total land area allocated or permitted for changing land use purpose during the policy implementation on land for ethnic minorities.

(3) Implement land support policies to ensure stable living conditions for individuals who are ethnic minorities and have been allocated or leased land by the State but currently have no land or insufficient land compared to the allocation limit, and are classified as poor or near-poor households in ethnic minority and mountainous regions as follows:

- If there is no homestead land, additional homestead land will be allocated, or permission for changing land use purpose to homestead land within the allocated limits will be provided, including exemptions or reductions on land levy. If there is insufficient homestead land, permissions will be granted to change land use purposes to homestead land within the allocated limits, including exemptions or reductions on land levy;

- If there is no or insufficient agricultural land, additional agricultural land will be allocated within limits without collecting land levy, or non-homestead land will be leased for production or business purposes with land rent exemptions or reductions.

(4) The land for implementing the policies stipulated in clauses 1, 2, and 3 above is sourced from land funds managed by State agencies, organizations, or from land reclaimed under clause 29, Article 79 of Land Law 2024.

(5) Provincial People's Committees based on actual situations and local land funds will decide on the allocation and leasing areas to implement land support policies for individual ethnic minorities as specified in clause 3 above.

(6) Provincial People's Committees will present to the People's Councils at the same level to issue local policies on land for ethnic minorities living in the area, appropriate to the actual conditions of the locality, and organize their implementation.

(7) Annually, Commune People's Committees review and report to District People's Committees on cases of no land, insufficient land, or no land to be allocated or leased, as stipulated in clauses 2 and 3 above; violations of land policies regarding ethnic minorities; cases where land has been allocated or leased by the State as stipulated in clause 3 above but there is no longer a need for land use, and land must be reclaimed to continue implementing land policies for ethnic minorities as stipulated in this Article.

(8) The funding for compensation, support, and resettlement for land reclamation as stipulated in clause 29, Article 79 of Land Law 2024; funding for surveying, establishing cadastral records, issuing land use rights certificates, property ownership, and other costs for implementing policies on land for ethnic minorities are sourced from the state budget and other lawful sources as provided by law in Vietnam.

(Article 16 Land Law 2024)

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