2 provisions of the new Land Law take effect from April 1, 2024

Specifically, Clause 2, Article 252 of the 2024 Land Law clearly states: Articles 190 and 248 of this Law take effect from April 1, 2024.

Article 190 of the 2024 Land Law stipulates sea reclamation activities. Accordingly, the State encourages organizations and individuals to use capital, techniques, and technology to carry out sea reclamation activities; and has policies to support and provide incentives for investors to carry out sea reclamation activities in accordance with the provisions of law.

Sea encroachment activities must comply with the following principles: Ensuring national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a member;

Based on a full assessment of the economy, society, environment, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change and rising sea levels;

In accordance with provincial planning or district land use planning or construction planning or urban planning;

Exploit and use marine resources effectively; ensure harmony of interests between organizations and individuals carrying out sea reclamation activities and other relevant organizations and individuals; ensure the right of access to the sea for people and communities;

Sea encroachment activities must be established as investment projects or investment project items according to the provisions of law.

Reclamation activities involving an area in one of the following areas may only be carried out with the approval of the National Assembly or the Prime Minister and with an investment policy decision:

Areas for protection of historical and cultural relics and scenic spots recognized according to the provisions of the law on cultural heritage; Natural heritage according to the provisions of the law on environmental protection;

National parks, nature reserves, species-habitat conservation areas, landscape protection areas, and important wetlands have been announced in accordance with the provisions of the law on biodiversity and the law on forestry;

Marine reserves, aquatic resources protection areas, fishing ports, storm shelters for fishing vessels according to regulations of the law on fisheries;

Seaport area, water area in front of the wharf, ship turning area, anchorage area, transshipment area, storm shelter area, pilot boarding and disembarkation area, quarantine area, shipping channel, water area for construction of other auxiliary works according to regulations of maritime law; River mouths and areas planned and used for national defense and security purposes.

The sea area identified for carrying out sea reclamation activities in the approved land use planning and the investment project has been approved by the competent State agency, the management and use of the sea area for carrying out sea reclamation activities shall be the same as for land on the mainland.

The responsibility for State management of sea encroachment activities is stipulated as follows: The Ministry of Natural Resources and Environment assists the Government in unified State management of sea encroachment activities; inspects and examines sea encroachment activities and manages sea encroachment areas according to the provisions of law;

Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for managing and inspecting sea encroachment activities; promulgating, guiding and inspecting the implementation of regulations, standards, technical regulations and economic-technical norms related to sea encroachment activities;

Provincial People's Committees are responsible for managing, allocating land, leasing land for sea reclamation, inspecting and examining sea reclamation activities and managing and using sea reclamation areas in the locality according to the provisions of law.

The allocation of sea areas for carrying out sea reclamation activities shall be carried out simultaneously with the allocation and lease of land for the implementation of investment projects. The Government shall detail this Article.

Article 248 of the 2024 Land Law stipulates amendments and supplements to a number of articles of the Forestry Law No. 16/2017/QH14, which has been amended and supplemented by a number of articles under Law No. 16/2023/QH15.

Specifically, amend the principles of forest allocation, forest leasing, conversion of forest use to other purposes, and forest recovery in Article 14 by stipulating that "it is not allowed to convert the purpose of using natural forests to the purpose of using for projects serving national defense and security" to "it is not allowed to convert the purpose of using natural forests to the purpose of using for projects serving national defense and security".

Amending Article 15 on the basis for forest allocation, forest lease, and conversion of forest use to other purposes; adding subjects to whom the State allocates protection forests without collecting forest use fees in Article 16; amending and supplementing the conditions for converting forest use to other purposes in Article 19...

Land Law 2024 may take effect from July 1, 2024

According to VOV, Prime Minister Pham Minh Chinh has just sent a document to ministries, branches and provincial and municipal People's Committees on the implementation of the 2024 Land Law.

Accordingly, the Prime Minister assigned ministries and branches to promptly submit to the Government decrees detailing the implementation of the 2024 Land Law. This is the basis for the Government to propose to the National Assembly to allow this law to take effect from July 1, 2024, instead of January 1, 2025 as approved at the session earlier this year.

The Prime Minister requested the Ministry of Natural Resources and Environment and other ministries and branches to promptly submit to the Government decrees detailing the implementation of the Land Law and circulars.

Before March 31, the Ministry of Natural Resources and Environment and relevant units will submit to the Government a draft document to the National Assembly allowing the 2024 Land Law to take effect from July 1, 2024.

The 2024 Land Law has many new points, including the provision that the land price list is updated annually. The Land Law also clearly stipulates that land valuation must ensure market principles; comply with correct methods, procedures, and processes; be honest, objective, public, and transparent; and harmonize the interests of the State, land users, and investors.

A notable point in the law is the provision on granting "red books" for land without documents without violating land laws. The law also specifically regulates cases of land recovery for socio-economic development...

Minh Hoa (t/h)

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