State’s rights as representative of land owner according to Law on Land 2024 in Vietnam

State’s rights as representative of land owner according to Law on Land 2024 in Vietnam
Duong Chau Thanh

The Law on Land 2024, which was approved on January 18, 2024 and comes into force as of January 1, 2025 (replacing the Law on Land 2013), contains regulations on the rights of the State as the representative of the land owner.

State’s rights as representative of land owner according to Law on Land 2024 in Vietnam 

According to the Law, the State may:  

- Decide on the land use planning. 

- Decide on the purposes of land through land use planning and plans for land use, land allocation, land lease, land use right recognition, and land repurposing permission.

- Stipulate the land use quotas, including agricultural land allocation quotas, residential land allocation quotas, residential land recognition quotas, and agricultural land use right acquire quotas. 

- Decide on the land use terms. 

- Decide on land expropriation. 

- Decide on land requisition.  

- Decide on the allocation of land exempted from land use levies and allocation of land subject to land use levies. 

- Decide on the lease of land with annual rental payment and lease of land with one-off rental payment for the entire lease period.

- Recognize land use rights. 

- Stipulate principles and methods of land valuation; promulgate the land price table and decide on specific land prices. 

- Decide on financial policies on land; prescribe the added value from land that does not originate from land users’ investment.

- Stipulate rights and obligations of land users in conformity with forms of land allocation, land lease, land use right recognition, land use origin, and financial obligations of land users. 

(Previously, the Law on Land 2013 stipulated: 

- Decide on land use planning and land use plans. 

- Decide on land use purposes. 

- Stipulate land use quotas and land use terms. 

- Decide on land expropriation and land requisition. 

- Decide on land prices. 

- Decide on grant of land use rights to land users. 

- Decide on financial policies on land. 

- Stipulate rights and obligations of land users).

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