Pushing forward to have the Land Law take effect in July 2024

The Ministry of Natural Resources and Environment held a conference on March 6 to discuss the implementation of the Land Law in 2024. This new law, which was approved with various groundbreaking provisions, aims to revolutionize land planning, land use plans, land recovery, compensation, support, resettlement, land allocation, land leasing, land use change permits, land finance, land prices, land registration, land use transfer certificates, and property rights associated with land. It also focuses on land policies for ethnic minorities, as well as the development of land information systems and databases.

In addition, the law promotes decentralization, devolution of power, and administrative procedure reform in the field of land, while increasing the responsibilities of local governments at all levels in land management and use.

Caption: Minister of Natural Resources and Environment Đặng Quốc Khánh speaking at the conference.

According to Deputy Minister of Natural Resources and Environment Lê Minh Ngân, the Land Law in 2024 consists of 16 chapters and 260 articles, including the amendment and supplementation of 180 out of 212 articles of the 2013 Land Law, as well as the addition of 78 new articles.

Some notable features of the new law include reaffirming the state’s policy of ensuring land for community livelihoods for ethnic minorities, in line with their customs, traditions, beliefs, cultural identities, and local conditions. The law also includes provisions for domestic organizations to be allocated land by the state for social housing projects, housing for armed forces, investment projects for renovation and new construction of apartment buildings, or for business investment projects that are exempted or have reduced land use and rental fees, with rights and obligations corresponding to those cases where land use and rental fees are not exempted or reduced.

In cases of land transfer and capital contribution using land use rights, the state must be paid an amount equivalent to the exempted or reduced land use and rental fees at the time of land transfer, land leasing, or land use change permits.

Caption: Minister of Natural Resources and Environment Đặng Quốc Khánh expects the Land Law, Housing Law, and Real Estate Business Law to take effect as early as July 2024.

The law also includes provisions for individuals who do not directly engage in agricultural production to be granted land use rights for growing rice within the land allocation limit. If the limit is exceeded, the establishment of an economic organization and a land use plan must be approved by the district-level People’s Committee. Economic organizations that receive land use rights for agricultural purposes must have their land use plans approved by the district-level People’s Committee.

To develop and issue detailed documents regulating the Land Law, the Prime Minister has assigned the Ministry of Natural Resources and Environment to lead the construction and submission of six decrees and four circulars. The Ministry of Finance will lead the construction and submission of two decrees and one circular. The Ministry of Agriculture and Rural Development will lead the construction and submission of one decree and revisions and supplements to Draft Decree No. 156/2018/ND-CP of the Government on the detailed implementation of certain provisions of the Forestry Law related to the content assigned in Article 248 of the Land Law. The Ministry of Labor, Invalids and Social Affairs will lead the construction and submission of one decision. The Ministry of Home Affairs will issue one circular to detail the Land Law.

The Ministry of Natural Resources and Environment is currently gathering public opinions on four important draft decrees, including the draft decree detailing the implementation of certain provisions of the Land Law, the draft decree on basic land investigation, land registration, land use rights certificates, property rights associated with land, and land information systems, the draft decree on compensation, support, and resettlement when the state recovers land, and the draft decree on land prices. The deadline for receiving opinions is April 7, 2024. It is expected that these draft decrees will be issued by the Government in May 2024.

While the Land Law in 2024 is set to take effect on January 1, 2025, the Ministry of Natural Resources and Environment, in collaboration with the Ministry of Construction, is expediting the process of drafting decrees and circulars, and plans to submit a report to the Government. If approved, the Land Law, Housing Law, and Real Estate Business Law could come into effect as early as July 2024.

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