Minister Dang Quoc Khanh: Accelerate progress for the Land Law to take effect in July 2024

Minister Dang Quoc Khanh of the Ministry of Natural Resources and Environment has stated that the Ministry is accelerating the progress of drafting the decree and guiding circulars for the Land Law 2024 in order to propose to the National Assembly for the Law to be effective in July 2024, earlier than the prescribed deadline.

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On the afternoon of March 6, the Ministry of Natural Resources and Environment organized a conference to implement the Land Law 2024. Minister of Natural Resources and Environment Dang Quoc Khanh shared that the Land Law 2024 was passed with many new breakthrough contents such as land planning, land use planning, land recovery, compensation, support, resettlement, land transfer, land lease, land use conversion, land finance, land price, land registration, issuance of land use transfer certificates, ownership rights attached to land, land policy for ethnic minority communities, and establishment of land information systems and databases.

In addition, the Law also promotes decentralization, delegation of authority, and administrative procedure reform in land management, land use, enhance the responsibility of local authorities in land management and use.

Minister of Natural Resources and Environment Dang Quoc Khanh speaking at the conference.

According to Deputy Minister of Natural Resources and Environment Le Minh Ngan, the Land Law 2024 consists of 16 chapters, 260 articles, amending and supplementing 180 out of 212 articles of the 2013 Land Law and adding 78 new articles.

Some prominent new points include affirming the state’s policy of ensuring communal land for ethnic minority communities in accordance with their customs, practices, beliefs, cultural identity, and actual conditions of each region.

The Law also adds provisions on domestic organizations being assigned land by the State to implement social housing projects, housing for armed forces, investment projects in renovation and reconstruction of apartment buildings, or projects with business purposes that are exempted from or reduced land use fees and land lease fees shall have rights and obligations as stipulated in cases where land use fees and land lease fees are not exempted or reduced.

In case of transfer or capital contribution by land use rights, a corresponding amount must be paid to the State equal to the amount of land use fees and land lease fees waived or reduced at the time of transfer, land lease, or change of land use purpose.

Minister of Natural Resources and Environment Dang Quoc Khanh expects the Land Law, the Housing Law, and the Real Estate Business Law to take effect from July 2024.

The Law also adds provisions that individuals who do not directly produce agricultural products are allowed to have land use rights transferred for rice cultivation within the land allocation limit. In case the limit is exceeded, economic organizations must be established and must have a plan for rice land use approved by the district People’s Committee. Economic organizations that are granted the right to use agricultural land must have their plan for agricultural land use approved by the district People’s Committee.

To build and issue detailed regulations on the Land Law, the Prime Minister assigned the Ministry of Natural Resources and Environment to build and submit to the Government for issuance 6 Decrees and 4 Circulars according to its authority. The Ministry of Finance is in charge of drafting and submitting to the Government for issuance 2 Decrees and 1 Circular according to its authority. The Ministry of Agriculture and Rural Development is in charge of drafting and submitting to the Government for issuance 1 Decree, updating and supplementing the draft Decree amending and supplementing the Government’s Decree No. 156/2018/ND-CP on details of implementation of some provisions of the Forestry Law as assigned in Article 248 of the Land Law. The Ministry of Labor, Invalids and Social Affairs is in charge of drafting and submitting to the Prime Minister one Decision. The Ministry of Home Affairs is in charge of issuing 01 Circular to detail the Land Law.

To submit Decrees guiding the implementation of the Law to the Government, the Ministry of Natural Resources and Environment is collecting public opinions on 4 important draft Decrees, including the draft Decree providing details on the implementation of some provisions of the Land Law, the draft Decree on basic investigation of land, land registration, issuance of land use certificates, ownership rights attached to land, and land information systems, the draft Decree on compensation, support, resettlement when the State recovers land, and the draft Decree on land prices. The deadline for collecting opinions is April 7, 2024. It is expected that the draft Decrees will be issued by the Government in May 2024.

The Land Law 2024 will take effect from January 1, 2025. However, according to Minister of Natural Resources and Environment Dang Quoc Khanh, the Ministry is accelerating the progress of drafting Decrees and Circulars and reporting to the Government. If possible, the Ministry along with the Ministry of Construction will propose to the National Assembly to make the Land Law, the Housing Law, and the Real Estate Business Law effective in July 2024.