## Land Law and Planning Permits: What You Need to Know
According to Clauses 7 and 8, Article 49 of the 2013 Land Law (as amended and supplemented by the Law amending and supplementing a number of articles of 37 Laws relating to planning in 2018), the following regulations are in place:
If a land use plan has been announced but there is no annual land use plan at the district level, the land user shall continue to use the land and exercise the rights of the land user in accordance with the law.
In case there is an annual land use plan at the district level, the land user in the area must change the land use purpose and recover the land in accordance with the plan, but they shall not build new houses, works, or plant long-term trees. If the land user wishes to renovate or repair existing houses or works, they must obtain permission from the competent state agency in accordance with the law.
Can Land Under Planning Be Transferred?
The land area specified in the annual land use plan of the district level, which has been announced for recovery to implement a project or change the land use purpose, must be adjusted or canceled, and the adjustment or cancellation of recovery or change of purpose for that land area must be announced if no decision has been made after 3 years.
If the competent state agency for approving the land use plan does not adjust or cancel, or adjusts or cancels but does not announce the adjustment or cancellation, the land user shall not be restricted in their rights as mentioned above.
According to the above regulations, houses and land under planning are subject to certain restrictions on rights. However, there is no restriction on the transfer of houses and land under planning, regardless of whether there is an annual land use plan at the district level or not.
Therefore, owners of houses and land under planning can still transfer their property.
However, according to Clause 6, Article 19 of Decree 43/2014/NĐ-CP and Clause 8, Article 49 of the 2013 Land Law, a land use right certificate shall not be granted to the land user if there is a notice or decision on land recovery by the competent state agency.
The time limit for issuing the notice or decision on land recovery is within 3 years from the date of announcement of the annual land use plan at the district level.
Thus, houses and land under planning can still be bought and sold, but the following two cases may arise:
Deputy Minister of Natural Resources: There will be 9 decrees implementing the provisions of the Land Law.
Deputy Minister of Natural Resources and Environment (TN&MT) Le Minh Ngan has revealed that there are expected to be 9 decrees issued to specify the details of the Land Law (amended).
New law enacted, does Condotel have a “status”?
After experiencing numerous ups and downs in the market, the condotel segment seems to still lack a clear “identity” with the passing of the Real Estate Business Law 2023 and the Land Law 2024.
Does the new law tighten speculation in real estate?
The Land Law, Housing Law, and Real Estate Business Law, which were recently passed, have many strict regulations that aim to gradually address negative issues such as speculation and wastage of land resources, according to experts.
Why businesses aren’t thrilled about paying annual rent?
According to the recently passed Land Law amendment, businesses that lease land on a lump sum basis can now switch to annual lease payment, but they are not enthusiastic about this regulation.
Clear Mechanism Needed to Encourage Effective Land Use by Businesses
Businesses are eagerly anticipating the implementation of the new Land Law. They also hope for clear and transparent mechanisms and policies that will encourage the efficient use of land resources.
