draft amendment decree Decree on guidance on Land Law adds authority to adjust decisions on land recovery, land allocation, land lease, and permission to change land use purposes in Vietnam.
Article table of contents
Proposal on additional authority to adjust decisions on land recovery and land allocation in Vietnam (Source: Internet)
Specifically, the draft Decree amending the decree on guidance on the Land Law amends and supplements Article 101 of Decree 43/2014/ND-CP (amended in Clause 62, Article 2 of Decree 01/2017/ND-CP). Regarding the authority to adjust the decision on land recovery, land allocation, land lease, permission to change land use purpose before July 1, 2014 as follows:
Agencies competent to decide on land recovery, land allocation, land lease, and permission for land use purpose change according to the provisions of the Land Law 2013 shall have the power to decide on adjustment in cases for decisions on land recovery, land allocation, land lease, or changing land use purpose regardless of the authority to decide on land recovery, land allocation, land lease, or changing of land use purpose before January 1 July 2014.
Compared with the current regulations in Article 101 of Decree 43/2014/ND-CP (amended in Clause 62, Article 2 of Decree 01/2017/ND-CP), then:
The authority to adjust the Prime Minister's decisions on land recovery, land allocation, land lease, and permission to change land use purpose before the effective date of the Land Law 2013 is as follows:
- If the Prime Minister of Vietnam has decided on land recovery, land allocation, land lease, and permission to change the land use purpose before July 1, 2004, but now it must be adjusted, then:
The adjustment of the content of the decision on land recovery, land allocation, land lease, and permission to change the land use purpose shall be decided by the provincial People's Committee of Vietnam if such adjustment does not change the land use structure compared to the decision of the Prime Minister of Vietnam.
- In case the Prime Minister's decision on land recovery, land allocation, land lease, or permission to change land use purpose changes the land use structure reflected in the decision of the Prime Minister. The Prime Minister, the provincial People's Committee of Vietnam must report to the Prime Minister of Vietnam before deciding on adjustment.
Thus, the draft Decree amending the decree on guidance on Land Law that has been proposed to the competent authority to decide on land recovery, land allocation, land lease, and permission to change the land use purpose has the authority to adjust the decision on changing the land use purpose without depending on the authority to decide on land acquisition, land allocation, land lease, or permission to change the previous land use purpose.
See more at the draft Decree amending the decree on guidance on the Land Law.
Quoc Dat
