Current regulations on persons taking responsibilities before the State for the land use in Vietnam

Current regulations on persons taking responsibilities before the State for the land use in Vietnam (Image from the internet)

Current regulations on persons taking responsibilities before the State for the land use in Vietnam

According to Article 6 of the Land Law 2024 on the persons taking responsibilities before the State for the land use in Vietnam:

- Legal representatives of Vietnamese organizations and foreign-invested business organizations; heads of foreign diplomatic organizations shall be responsible for the use of land of their organizations.

- Presidents of the People’s Committees of third-level administrative divisions shall be responsible for the use of agricultural land for public purposes; non-agricultural land that has been allocated to the People's Committees of third-level administrative divisions to use for the purpose of construction of the People's Committees Offices and public works used for culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries and other public works of communes, wards and towns; religious land or belief land that has not yet been allocated for management and use.

- Representatives of populations who are heads of villages, neighborhoods or similar residential areas or who are persons appointed by their residential communities shall be responsible for the use of allocated land.

- Representatives of religious organizations or affiliated religious organizations shall be responsible for the use of land allocated to their organizations.

- Individuals and persons of Vietnamese descent residing overseas shall be responsible for the use of their own land.

- Persons who share their LURs or representatives of persons who share their LURs shall be responsible for their land use.  

07 Obligations of all land users in Vietnam from August 1, 2024

Article 31 of the Land Law 2024 stipulates the obligations of all land users in Vietnam:

(1) Use land for the proper purpose, within the right boundary of the parcel, conform to the use of depth underground and height in the air, protect public constructions underground, and comply with other relevant legal provisions.

(2) Declare land registration; complete all procedures when converting, transferring, leasing, sub-leasing, inheriting, gifting land use rights, mortgaging, contributing capital with land use rights according to the law.

(3) Fulfill financial obligations regarding land as stipulated by law.

(4) Implement measures to protect land; handle, improve, and restore land in areas polluted or degraded by them.

(5) Comply with environmental protection regulations, do not harm the assets and legitimate interests of relevant land users.

(6) Comply with laws regarding objects found underground.

(7) Hand over land when the State has a decision to recover it according to the law.

08 Rights of all land users​ in Vietnam from August 1, 2024

According to Article 26 of the Land Law 2024, the rights of all land users in Vietnam are stipulated as follows:

(1) Be granted a Certificate of land use rights, ownership of assets attached to land when meeting the conditions as prescribed by land laws.

(2) Enjoy the results of labor, investment on legally used land.

(3) Receive benefits when the State invests in protecting, improving, and developing agricultural land.

(4) Be guided and assisted by the State in improving and restoring agricultural land.

(5) Be protected by the State when others infringe upon their legal land rights and interests.

(6) Have the right to change the land use purpose according to the provisions of the Land Law 2024 and other related laws.

(7) Be compensated, supported, and resettled when the State recovers land as prescribed by the Land Law 2024.

(8) File complaints, denunciations, and lawsuits regarding violations of their lawful land use rights and other land law infringements.

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