Latest regulations on grounds for allocating land, leasing land, permitting land repurposing in Vietnam

Latest regulations on grounds for allocating land, leasing land, permitting land repurposing in Vietnam (Image from the Internet)

1. Latest regulations on grounds for allocating land, leasing land, permitting land repurposing in Vietnam

The grounds for allocating land, leasing land, permitting land repurposing in Vietnam under Article 116 of the Land Law 2024 are as follows:

- The ground for land allocation and land lease through land use rights auction is the document approving the auction results of land use rights by a competent state agency.

- The ground for land allocation and land lease through bidding to select an investor to implement a land-using project is the document approving the investor selection results for projects organized to select an investor as per bidding laws.

- The ground for land allocation and land lease without auction of land use rights, without investor selection bidding for land-using projects, and permitting land use changes, except in cases specified in clause 5, Article 116 of the Land Law 2024, is as follows:

+ For projects listed at point b, clause 3, Article 67 of the Land Law 2024, it is based on the annually approved land use plan for the district level and investment decisions per public investment laws, or decision approving investment policies, concurrently approving the investor, or decision approving the investor per investment laws, housing laws, or document approving investor selection results for public-private partnership projects.

+ For projects stipulated in clause 4, Article 67 of the Land Law 2024, it is based on investment decisions per public investment laws or decision approving investment policies, concurrently approving the investor, or decision approving the investor per investment laws, housing laws, or document approving investor selection results for public-private partnership projects.

- In case of investment project policy approval decisions with phased progress or land recovery, compensation, support, and resettlement per schedule, the competent state agency shall decide land allocation or lease aligned with the project's investment progress or land recovery, compensation, support, and resettlement schedule.

- The ground for permitting land use purpose change from agricultural land within residential areas or from agricultural land within the same parcel having residential land to residential land, or non-agricultural land types not residential to residential land for households or individuals, is the district-level land use plan or general planning or zoning planning per urban planning laws approved by the competent agency.

- The ground for land allocation, land lease, or land use purpose change for cases not requiring investment policy approvals, investor approvals per investment laws, as enacted by the Government of Vietnam.

2. Authority to allocate land, lease land, and permit land repurposing in Vietnam

Authority to allocate land, lease land, and permit land repurposing in Vietnam under Article 123 of the Land Law 2024 is as follows:

- Provincial People's Committees decide on land allocation, land lease, and land use purpose change in the following cases:

+ Land allocation, land lease, and land use purpose change for domestic organizations;

+ Land allocation, land lease for religious organizations, their dependent religious establishments;

+ Land allocation, land lease for overseas Vietnamese, foreign-invested economic organizations;

+ Lease of land for foreign organizations with diplomatic functions.

- District-level People's Committees decide on land allocation, land lease, and land use purpose change in the following cases:

+ Land allocation, lease, or land use purpose change for individuals. For cases where individuals lease land or change agricultural land use to commercial or service purposes of 0.5 hectares or more, the decision must have approval from the Provincial People's Committee before being made;

+ Land allocation for community groups.

- Commune-level People's Committees lease out land from the agricultural land fund for public utility purposes of the commune, ward, or commune-level town.

- The competent state agency for land allocation, land lease, and permission for land use purpose change as per clauses 1 and 2 of Article 123 of the Land Law 2024 is also the competent authority for adjusting and extending land use where land users received allocation, lease, or permission prior to the Land Law 2024 coming into effect and in cases of decisions made under the same law.

- The competent state agencies stated in clauses 1, 2, and 4 of Article 123 of the Land Law 2024 are not to devolve power or delegate authority.

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