Summary of prohibited acts related to land in Vietnam under the Land Law 2024

Summary of prohibited acts related to land in Vietnam under the Land Law 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. Summary of prohibited acts related to land in Vietnam under the Land Law 2024

Summary of prohibited acts related to land under Article 11 of the Land Law 2024 includes:

- Trespass to land, land appropriation and land destruction.

- Violation against regulations of law on state management of land.

- Violation against policies on land for ethnic minorities.

- Abuse of positions and powers to violate regulations of law on land management.

- Failure to provide information or provide incorrect land information, failure to satisfy requirements for time limits as prescribed by law.

- Failure to prevent or handle violations against land laws.

- Failure to comply with the law when exercising rights of land users.

- Use of land and performance of transactions on LURs without registering with competent authorities.

- Failure to perform or incomplete performance of financial obligations to the State.

- Creation of obstructions or difficulties for the land use or the exercise of land users' rights according to provisions of law.

- Gender discrimination in land management and use.

2. Land users in Vietnam according to the Land Law 2024

Land users who are allocated land, leased land, have LURs recognized by the State; who are using land stably and are eligible for grant of certificates of title but have not yet been granted certificates of LURs, certificates of home ownership and LURs of homestead land, certificates of LURs and ownership of housing and other property affixed to land or certificates of title; who receive LURs; or who sublease land as prescribed by this Law include:

- Vietnamese organizations including:

= Regulatory agencies, agencies of the Communist Party of Vietnam, people's armed units, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers and other organizations established under the laws;

= Business organizations under the Law on Investment, except for the cases prescribed in Clause 7 of this Article (hereinafter referred to as “business organizations”);

- Religious organizations and affiliated religious organizations;

- Vietnamese citizens residing in Vietnam and overseas Vietnamese nationals (hereinafter referred to as “individuals”);

- Populations;

- Foreign diplomatic organizations including diplomatic representative missions, consuls and other representative missions of foreign countries serving the function of diplomacy, which are recognized by the Government of Vietnam; representative missions of organizations affiliated to the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.

- Persons of Vietnamese descent residing overseas;

- Foreign-invested business organizations.

(Article 4 of the Land Law 2024)

3. Land use principles in Vietnam according to the Land Law 2024

Land use principles in Vietnam as stipulated in Article 5 of the Land Law 2024 include:

- Use land for the intended purposes.

- Sustainably, economically and effectively use land and resources on the surface and underground.

- Protect land and environment, adapt to climate change, do not abuse pesticides or chemical fertilizers to pollute and degrade land.

- Exercise land users’ rights and perform land users’ obligations within the land use terms prescribed in the Land Law 2024 and other provisions of relevant laws; do not violate legitimate rights and interests of adjacent and surrounding land users.

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