Land allocation and lease for small, narrow, and interspersed plots of land managed by the State

Decree No. 102/2024/ND-CP details the implementation of a number of articles of the Land Law, including specific regulations on land allocation and lease policies for small, narrow, and interspersed plots of land managed by the State.

Illustration photo. (Source: Internet)

Land allocation and lease for small, narrow, and interspersed plots of land managed by the State

According to the Decree, small, narrow, and interspersed plots of land managed by the State that are allocated or leased land under this regulation must meet the following criteria:

1- Belonging to the land fund recovered according to the decision of a competent state agency, unallocated land, unleased land or land under management as prescribed in Point d, Clause 1 and Clause 2, Article 7 of the Land Law;

2- Not meeting the conditions and minimum area for land division as prescribed by the Provincial People's Committee;

3- In accordance with the district-level land use planning or the general planning or the zoning planning approved according to the provisions of law on urban planning or detailed urban construction planning, rural residential area construction planning, and new rural commune construction planning approved by competent authorities;

4- Not located in the land area for implementing projects and works identified in the land use planning and plans approved and publicly announced by competent authorities;

5- Land planned for allocation or lease has no disputes, complaints, or violations, or has disputes, complaints, or violations but has been resolved in writing according to the provisions of law.

Principles of land allocation and lease for small, narrow, and interspersed plots of land

The Decree clearly states that priority is given to the use of small, narrow, and interspersed plots of land managed by the State for public purposes. In cases where they cannot be used for public purposes, land shall be allocated with land use fees and leased to adjacent land users.

In case a land plot has two or more adjacent land users who need to use a small, narrow, and interspersed plot, the competent authority on land allocation and land lease shall decide based on the planning and actual land use conditions of the adjacent land users.

Land allocation and leasing for small, narrow, and interspersed plots of land to adjacent land users is carried out after the People's Committees at all levels have organized a review, made public announcements, and sought opinions from people where the land is located.

Land allocation and lease for small, narrow, and interspersed plots of land are based on applications for land allocation and lease from adjacent users and must be carried out publicly, transparently and democratically.

After being allocated or leased land by the State, adjacent land users must carry out land plot consolidation procedures according to regulations.

Ensure rights to adjacent land plots according to the provisions of land law and civil law; no land disputes or complaints arise.

Land use term

The Decree clearly states that the land use term when the State allocates or leases land for small, narrow, and interspersed plots of land to adjacent land users is determined in accordance with the land use term of the plot of land that the adjacent land user is using. In the case of allocating or leasing small, narrow plots of land associated with the change of land use purpose of the plot of land adjacent to the small, narrow, interspersed plot of land, the land use term is determined according to the provisions of Articles 171 and 172 of the Land Law.

The People's Committee at the provincial level shall specify the review, public announcement, and listing of small, narrow, and interspersed land plots and the land allocation and lease of small, narrow, and interspersed land plots in the locality.

Source: https://baodautu.vn/batdongsan/giao-dat-cho-thue-dat-doi-voi-cac-thua-dat-nho-hep-nam-xen-ket-do-nha-nuoc-quan-ly-d221558.html