Outstanding new policies in the revised Land Law

The Land Law is a major law project, of special significance and importance in the political, socio-economic, national defense, security, and environmental protection life of the country; has a profound impact on all classes of people and the business community; at the same time, it is also a very difficult and complicated law project.

There are hundreds of new contents in the Land Law (amended), which can be summarized into 5 new groups of issues including: Regulations to better protect the rights and interests of land users; regulations on land access for people and businesses; regulations to improve land use efficiency; regulations on land finance and regulations to improve the effectiveness of State management of land use.

Accordingly, the 2024 Land Law specifically lists cases where the State will reclaim land, diversifies compensation options, or provides detailed regulations on granting red books for land without documents before July 1, 2014...

Relaxing regulations on granting red books for land without papers

According to the provisions of the Land Law (amended), land of households and individuals without documents before July 1, 2014, without disputes, and without violations of land laws will be granted red books...

New policies highlighted in the revised land law 1 — The revised Land Law expands regulations on granting red books to land without documents.

The law divides the groups of cases that are granted red books for land without documents, including: First, households and individuals who used land before December 18, 1980, and are now confirmed by the People's Committee of the commune where the land is located that there is no dispute. Second, households and individuals who used land from December 18, 1980 to before October 15, 1993, and are now confirmed by the People's Committee of the commune where the land is located that there is no dispute. Third, households and individuals who used land from October 15, 1993 to before July 1, 2014, and are now confirmed by the People's Committee of the commune where the land is located that there is no dispute.

In the above cases, specific regulations on granting red books are implemented differently.

Innovation in planning and land use planning

Regarding land use planning and plans, the provisions of the Land Law (amended) have been improved in the direction of innovating the process, content, and methods of land use planning and plans. This includes increasing publicity, transparency, and public participation in land use planning through organizing consultation.

At the same time, the Law supplements and completes regulations on the implementation of land users' rights in planning areas. Accordingly, if the land use planning has been announced but there is no annual district-level land use plan, land users can continue to use the land and exercise their rights.

Innovations in regulations on planning and land use plans are expected to be the foundation for using land resources as input for the socio-economic development process, improving the effectiveness and efficiency of land management and use, creating the driving force to turn our country into a developed country with high income as the policy of the Party and State.

Specific regulations on land recovery cases

Regarding land recovery, compensation and resettlement support, the revised Land Law has specifically stipulated cases where the State recovers land for socio-economic development for national and public interests.

The projects that the State recovers in this case must be projects: Construction of public works; construction of state agency headquarters, public works and other cases.

With 31 specific cases of the State reclaiming land for socio-economic development for national and public interests, it has basically covered. In addition, the law also specifically stipulates the order and procedures for reclaiming land for socio-economic development for national and public interests with many new points, ensuring democracy, objectivity, fairness, publicity, transparency, timeliness and compliance with the provisions of law; for the common interests of the community and for the sustainable, civilized and modern development of the community and locality...

New policies highlighted in the revised land law, part 2 — The State reclaimed land in 31 cases for socio-economic development in the national and public interest.

Land price list updated annually

The revised Land Law stipulates the issuance of annual land price lists to ensure close adherence to actual market developments and expand the scope of application of land price lists.

The amended law also stipulates that the Provincial People's Committee is responsible for submitting to the People's Council for decision to adjust, amend and supplement the land price list for promulgation and application from January 1 of the following year or to adjust, amend and supplement within the year and assign the Government to stipulate details to ensure that the land price list will be updated in accordance with reality.

Cases of land allocation without auction bidding

Regarding land allocation, land lease, and permission to change land use purposes, the revised Land Law has specifically regulated cases of land allocation without auction or bidding and cases that must go through auction of land use rights, bidding to select investors to implement projects using land, and regulated cases of land lease with one-time payment for the entire lease term in accordance with the spirit of Resolution No. 18 of the Central Committee.

The Law specifically stipulates the conditions and authority for permitting the change of land use purposes, in which the entire authority to approve the change of land use purposes for rice cultivation, protective forest land, special-use forest land, and production forest land that is natural forest is delegated to the People's Council at the provincial level.

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