Decree No. 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law.
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This Decree details and guides the implementation of Clause 6, Article 3; Article 9; Clause 2, Article 10; Article 16; Clause 4, Article 22; Point d, Clause 1, Article 28; Clause 3, Article 28; Clause 6, Article 49; Article 65; Clause 2, Article 74; Clause 9, Article 76; Clause 10, Article 76; Article 81; Article 82; Article 84; Article 87; Article 88; Point b, Clause 5, Article 89; Clause 7, Article 89; Article 90; Article 113; Clause 3, Article 115; Clause 6, Article 116; Clause 7, Article 116; Clause 1, Article 122; Point n, Clause 3, Article 124; Clause 8, Article 124; Article 125; Article 126; Article 127; Article 172; Article 181; Article 190; Article 192; Article 193; Article 194; Article 197; Article 200; Article 201; Article 202; Article 203; Article 204; Article 208; Article 210; Article 216; Article 218; Article 219; Article 223; Article 232; Clause 8, Article 234; Clause 7, Article 236; Clause 2, Article 240; Point c, Clause 2, Article 243; Point b, Clause 2, Article 257 of the Land Law.
Land support policies for ethnic minorities
The Decree states that land support for individuals from ethnic minorities as stipulated in Clause 3, Article 16 of the Land Law shall be implemented as follows:
1- For those without residential land, they shall be allocated residential land or have their land use purpose changed from another type of land to residential land. The land user shall be exempt from land use fees for the area within the residential land allocation limit as prescribed by the People’s Committee of the province.
In cases where the residential land area is less than the allocation limit, the land use purpose shall be changed from another type of land to residential land, and the land user shall be exempt from land use fees for the area within the residential land allocation limit.
2- For those without agricultural land or whose agricultural land area is less than 50% of the local agricultural land allocation limit, they shall be allocated additional agricultural land within the limit.
The Decree clearly defines the responsibilities of the People’s Committee of the commune and the People’s Committee of the district in providing land support to individuals from ethnic minorities.
Specifically: The People’s Committee of the commune shall review and make a list of cases as prescribed in Clause 7, Article 16 of the Land Law and report it to the People’s Committee of the district before October 15th every year.
The People’s Committee of the district shall organize the measurement and determination of the area and land retrieval for the cases prescribed in Clause 7, Article 16 of the Land Law, including cases of violation of land policies for ethnic minorities and cases where the State has allocated or leased land as prescribed in Clause 3, Article 16 of the Land Law but there is no longer a need for land use.
The People’s Committee of the district shall develop a plan to support land for individuals from ethnic minorities based on the land fund prescribed in Clause 4, Article 16 of the Land Law. The plan must clearly state the cases to be supported, the area of support, and the form of land support for individuals from ethnic minorities.
The People’s Committee of the district shall submit to the People’s Committee of the province for a decision on the area of land allocation or lease to implement the land support policy for individuals from ethnic minorities, in accordance with the actual situation and local land fund as prescribed in Clause 5, Article 16 of the Land Law.
The funding prescribed in Clause 8, Article 16 of the Land Law shall be allocated from the local budget and other legal sources in accordance with the law. In cases where the locality cannot balance the budget, the People’s Committee of the province shall report to the Ministry of Finance for submission to the Prime Minister for consideration and decision.
Procedure for land retrieval due to violation of land laws
According to the Decree, land retrieval from land users who do not fulfill their financial obligations to the State shall be implemented as follows:
Land users who do not fulfill their financial obligations to the State as stipulated in Clause 6, Article 81 of the Land Law are those who do not fulfill or do not fully fulfill their obligations to pay land use fees or land rent and have been subject to compulsory enforcement of financial obligations by competent state agencies in accordance with tax management regulations but do not comply. In such cases, the tax agency shall send a written request for land retrieval to the agency in charge of land management.
The tax agency is responsible for sending the above-mentioned notification along with relevant documents to the agency in charge of land management to carry out the procedure for submission to the competent authority for land retrieval. The procedure for land retrieval shall be carried out as follows.
Conditions for land retrieval due to violation of land laws as stipulated in Article 81 of the Land Law
According to the Decree, if the violating act is subject to administrative sanction, within 30 days from the date of receipt of the document from the agency or person with competence to sanction administrative violations, recommending land retrieval because the land user continues to violate, the agency in charge of land management shall submit it to the competent state agency for land retrieval as prescribed in Article 83 of the Land Law.
For violating acts that are not subject to administrative sanction, the land retrieval shall be carried out after receiving the conclusion of the competent inspection or examination agency about the case that must be retrieved.
Within 30 days from the date of receipt of the document and dossier from the competent agency or person, the agency in charge of land management shall establish a dossier for land retrieval and submit it to the People’s Committee of the competent level for land retrieval.
The dossier shall include: 1- A written proposal for land retrieval; 2- A draft Decision on land retrieval according to Form No. 01d in the Appendix issued together with this Decree; 3- Documents from the competent state agency or person.
Within 10 days from the date of receipt of the dossier, the People’s Committee of the competent level for land retrieval shall notify the land retrieval to the land retrieval person, the owner of assets attached to the land, and related persons with rights and obligations (if any). The land retrieval person, the owner of assets attached to the land, and related persons with rights and obligations shall handle the assets on the land within the time limit specified in the land retrieval notification, which shall not exceed 45 days from the date of receipt of the land retrieval notification, except for the case prescribed (*) below.
Within 15 days from the date of expiry of the land retrieval notification period, the People’s Committee of the competent level for land retrieval shall have the responsibility to issue a decision on land retrieval and direct the implementation of the decision on land retrieval. If the land user does not comply, compulsory enforcement shall be applied to the decision on land retrieval.
The land retrieval person shall comply with the decision on land retrieval and hand over the land and land use rights certificates to the agency or person with competence as prescribed in the decision on land retrieval.
Responsibilities of the People’s Committee of the competent level
– Notify the land retrieval to the land user and post it on the provincial or district People’s Committee’s portal or website.
– Direct the handling of the remaining value of the investment value in the land or assets attached to the land (if any) in accordance with the law.
– Direct the People’s Committee of the district to organize the compulsory enforcement of the decision on land retrieval in accordance with Article 39 of this Decree.
– Arrange funds for the compulsory enforcement of land retrieval.
Handling of assets on the land and the remaining value of the assets of the land retrieval person
The Decree states that in case of land retrieval as prescribed in Clause 6, Article 81 of the Land Law, the land use levy collected from the auction of land use rights, assets attached to the land (if any) after deducting the compulsory enforcement expenses, auction organization expenses in accordance with the regulations shall be paid to the state budget to pay the financial obligations of the land user. The remaining amount shall be refunded to the land retrieval person and the owner of the assets attached to the land retrieval.
In case of land retrieval as prescribed in Clause 7, Article 81 of the Land Law, within 12 months from the date of the decision on land retrieval, the owner of the assets attached to the land retrieval shall sell the assets in accordance with the law. If this time limit expires and the land retrieval person cannot sell the assets, the State shall not compensate for the assets attached to the land. The owner of the assets must dismantle the assets and return the land to the State within the time limit specified in the decision on land retrieval. If this is not done, the competent state agency shall enforce the decision on land retrieval in accordance with the law.
In case an investor purchases the assets attached to the land of the land retrieval person, the State shall allocate or lease the land to the investor in accordance with the law.
