This is one of the notable provisions in the Draft Decree amending and supplementing several Decrees detailing the implementation of the Land Law 2013 currently under public consultation.
Article table of contents
In the near future, people will be allocated land, or leased land smaller than the minimum area (Illustrative photo)
To be specific: Clause 11, Article 2 of this Draft has added Article 49a, which provides regulations on allocating land, or leasing land for parcels smaller than the minimum area that can be subdivided by the State directly managing for adjacent land users, following Article 49 of Decree 43/2014/ND-CP.
The allocation and lease of land in this case must ensure the following principles:
- Priority is given to using parcels smaller than the minimum area that can be subdivided for public purposes. If parcels cannot be used for public purposes, land allocation with a land levy, or land lease, will be conducted for adjacent land users.
- The allocation and lease of parcels smaller than the minimum area that can be subdivided by the State directly managing for adjacent land users must be carried out after the People’s Committees at all levels have reviewed, publicly announced, and solicited opinions from the public on the usage purpose and the allocation and lease of these parcels.
- The allocation and lease of parcels smaller than the minimum area based on the application for land allocation or lease from the adjacent land users must be public, transparent, and democratic.
- After being allocated or leased land by the State, adjacent land users must complete the procedure to merge the parcels according to regulations.
- Ensure limited use rights over adjacent parcels according to land law, civil law; avoid land disputes and complaints.
Moreover, this Draft states that the allocation and lease of parcels smaller than the minimum area must meet the following conditions:
- Match the land use planning, land use plan, urban construction detail planning, rural residential area construction planning, and new rural commune construction planning approved by the competent authorities.
If the land use purpose of the parcel adjacent to the parcel smaller than the minimum area does not match the planning purpose of the parcel smaller than the minimum area, land can only be allocated or leased when the adjacent land user intends and is eligible to change the use purpose of the currently used parcel according to regulations.
- The proposed land for allocation or lease must not have disputes, complaints, violations, or have disputes, complaints, violations that have been resolved in written documents according to legal regulations.
- The land applicant must belong to the group eligible for land allocation or lease by the State according to regulations.
- The land parcel adjacent to the parcel smaller than the minimum area must be eligible for the issuance of the Certificate of land use rights, house ownership, and other assets attached to the land.
Note: The land use term when the State allocates or leases a parcel smaller than the minimum area to adjacent land users is determined consistently with the term of the parcel that the adjacent land users are using. If allocating or leasing parcels smaller than the minimum area is associated with changing the use purpose of the parcel adjacent to the parcel smaller than the minimum area, the land use term is determined according to the provisions in Articles 125 and 126 of the Land Law.
Nguyen Trinh
