One of the notable points in Decree No. 102/2024 of the Government detailing the implementation of a number of articles of the Land Law is the provisions on land allocation and lease for small, narrow, and interspersed plots of land managed by the State.
The problem of interleaved land is one of the major obstacles for many real estate investment projects in. This situation occurs when the project land area has a part of the land area managed by the State, such as public land, agricultural land serving public purposes, interleaved between the allocated land lots.
A residential area in Ha Long City (Photo: Tran Khang).
Clause 2, Article 47 of Decree No. 102 clarifies the principles of land allocation and lease for small, narrow, and interspersed plots of land.
Accordingly, priority is given to using small, narrow, and interspersed plots of land managed by the State for public purposes. In cases where they cannot be used for public purposes, land will be allocated with land use fees and leased to adjacent land users.
In case a land plot has 2 or more adjacent land users who need to use a small, narrow, and interspersed plot, the competent authority on land allocation and land lease shall decide based on the planning and actual land use conditions of the adjacent land users.
Land allocation and leasing for small, narrow plots of land located adjacent to adjacent land users is carried out after the People's Committees at all levels have organized a review, made public announcements and collected opinions from people where the land is located.
Land allocation and lease for small, narrow, and interspersed plots of land is based on the application for land allocation and lease of adjacent users and must be carried out publicly, transparently and democratically.
After being allocated or leased land by the State, adjacent land users must carry out land plot consolidation procedures according to regulations.
Ensure rights to adjacent land plots according to the provisions of land law and civil law; no land disputes or complaints arise.
Source: https://dantri.com.vn/bat-dong-san/lam-ro-nguyen-tac-giao-thua-dat-nho-hep-xen-ket-20240922084938294.htm
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