Starting August 1, 2024, the amended Land Law officially takes effect, bringing about many significant changes in land management and use in Vietnam. These adjustments have had a considerable impact on the rights and obligations of citizens and businesses. The Land Law 2024 also abolishes the land price framework and will issue a new land price list from January 1, 2026.
1. The Land Law, Housing Law, and Real Estate Business Law all take effect from August 1, 2024.
Consisting of 5 articles and taking effect from August 1, 2024, the Law stipulates amendments and supplements to some articles of Land Law No. 31/2024/QH15, such as amending and supplementing Clause 2, Article 251: “Resolution No. 132/2020/QH14 dated November 17, 2020, of the National Assembly piloting a number of policies to remove obstacles and backlogs in the management and use of national defense and security land combined with labor, production, and economic construction activities shall be repealed from January 1, 2025.” Amending and supplementing Clause 1, Article 252: “This Law shall take effect from August 1, 2024, except for the cases specified in Clauses 2 and 3 of this Article.”.
Besides, amend and supplement Clause 10, Article 255 as follows: “Investment projects falling under cases of land allocation or land lease without auctions of land use rights in accordance with Law No. 45/2013/QH13 on Land and relevant laws, which are consistent with land use planning and plans, and have not yet been allocated or leased land, may continue to proceed with the next steps in the procedures for land allocation and land lease to investors or project owners in accordance with this Law if they fall into one of the following cases:
The project has selected an investor and developer in accordance with the law on investment, law on housing, and law on bidding from July 1, 2014, to before August 1, 2024;
b) Projects for which investors have submitted valid dossiers for the investor selection procedure, project owner selection before August 1, 2024, and investors, project owners have been selected before January 1, 2025.
The selection of investors and project owners for projects stipulated in this point shall be carried out in accordance with the laws on investment, housing, and bidding in effect at the time of submission.
At the same time, the Law also amends and supplements Clause 1, Article 197 of the Housing Law No. 27/2023/QH15; amends and supplements Clause 1, Article 82 of the Real Estate Business Law No. 29/2023/QH15; and amends and supplements Clause 2, Article 209 of the Law on Credit Institutions No. 32/2024/QH15, which take effect from August 1, 2024.
2. Key changes in the amended Land Law
Regulations on land ownership and use
Specifically, this amended Land Law focuses on ensuring the land ownership and usage rights of citizens and businesses. The new regulations provide clearer provisions on land ownership rights, land use rights, and the responsibilities of land users in protecting and developing land.
In addition, it also stipulates that land without legal documents before July 1, 2014, can be granted a red book. Clause 3, Article 138 of the 2024 Land Law stipulates that households and individuals using land from October 15, 1993, to before July 1, 2014, without land use right documents will be granted a red book if they meet the following conditions: They have not violated land law; They are not in cases of land allocated by an incompetent authority; They are now confirmed by the Commune-level People's Committee where the land is located as having no disputes...
Clause 6, Article 91 of the 2024 Land Law clearly states: The approval of compensation, support, and resettlement plans, as well as the arrangement of resettlement, must be completed before the land recovery decision is issued. Clause 5 of this Article also stipulates that resettlement areas must be finalized with infrastructure conditions, both technical and social, that are synchronized according to the detailed plan approved by the competent authority.
Administrative procedure reform
One of the highlights of the revised Land Law is the reform of administrative procedures related to land. The procedures for granting land use rights certificates are simplified, and the processing time for applications is shortened, helping people and businesses save time and costs.
Agricultural land management and use
The new law provides specific regulations on the management and use of agricultural land, encouraging land consolidation and the development of high-tech agriculture. This helps improve agricultural production efficiency and protect the environment.
Resolve land disputes
The amended Land Law strengthens regulations on land dispute resolution, ensuring transparency and fairness in disputes. Authorities will be responsible for promptly and effectively resolving disputes, protecting the legitimate rights of citizens and businesses.
3. Impact of the Revised Land Law on People and Businesses
Enhance the rights and obligations of land users
The revised Land Law helps people and businesses have clearer land ownership and usage rights, while also requiring compliance with obligations related to land protection and development. This helps create a transparent and stable legal environment, encouraging investment and economic development.
At the same time, land granted with incorrect authority after 2014 will be issued a red book. Specifically, land allocated with incorrect authority to households and individuals from July 1, 2014, to before January 1, 2025, meeting the following conditions as stipulated in Clause 4, Article 140 of the 2024 Land Law, will be issued a red book.
The Land Law 2024 also adds the form of compensation with land for different purposes than the land being recovered, and housing. Priority will be given to people compensated with land or housing to choose compensation in cash if they have the need. Besides, land can only be recovered after resettlement housing has been handed over.
In addition to the support as currently stipulated, the 2024 Land Law adds other support provisions: Support for livestock relocation; Support for dismantling, demolition, and relocation of assets attached to the land which are construction works under a time-limited construction permit, where the permit has expired by the land recovery date.
Encourage the development of high-tech agriculture
New regulations on the management and use of agricultural land will encourage land accumulation and the development of high-tech agriculture. This will help improve the productivity and quality of agricultural products, while also protecting the environment and promoting sustainable development.
According to Clause 1, Article 177 of the Land Law 2024, the limit for an individual to receive the transfer of agricultural land use rights is no more than 15 times the limit of agricultural land allocation to an individual for each type of land, instead of 10 times as in the Land Law 2013.
The revised Land Law from August 1, 2024, brings many significant changes, positively impacting the rights and obligations of people and businesses. Reforming administrative procedures, strengthening the management and use of agricultural land, and resolving land disputes transparently and fairly will help create a stable legal environment, encouraging investment and sustainable economic development.
With many breakthrough contents, the 2024 Land Law is expected to be a major step forward in perfecting institutions, promoting healthy, transparent, and sustainable development of the land, construction, and real estate markets in Vietnam. New perspectives and thinking will contribute to the effective exploitation and use of land resources for the country's socio-economic development, thereby creating a new turn for land management.
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