The latest principles of land use and land lease according to the Land Law

Land users are allocated land by the State, leased land, have land use rights recognized, and receive land use rights transfer according to the provisions of the 2013 Land Law.

Nguyên tắc sử dụng đất, cho thuê đất mới nhất theo Luật Đất đai

Land use principles according to the 2013 Land Law. (Source: Lao Dong)

1. Land use principles according to the 2013 Land Law

Land use principles under the 2013 Land Law include:

- Correct planning, land use plan and correct land use purpose.

- Economical, effective, environmentally friendly and does not harm the legitimate interests of surrounding land users.

- Land users exercise their rights and obligations during the land use period according to the provisions of the 2013 Land Law and other relevant legal provisions.

(Article 6 of the 2013 Land Law)

2. Regulations on land users according to the 2013 Land Law

Land users are allocated land by the State, leased land, recognized land use rights, and receive land use rights transfers according to the provisions of the 2013 Land Law, including:

- Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service organizations and other organizations as prescribed by the law on civil affairs (hereinafter referred to as organizations);

- Domestic households and individuals (hereinafter referred to as households and individuals);

- Residential communities include Vietnamese communities living in the same hamlet, village, hamlet, village, neighborhood, residential group and similar residential area with the same customs, practices or the same family lineage;

- Religious establishments include pagodas, churches, chapels, temples, cathedrals, Buddhist prayer halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments;

- Foreign organizations with diplomatic functions include diplomatic representative agencies, consular agencies, other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations under the United Nations, intergovernmental agencies or organizations, representative agencies of intergovernmental organizations;

- Vietnamese people residing abroad according to the provisions of the law on nationality;

- Foreign-invested enterprises include 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge, or acquire according to the provisions of the law on investment.

(Article 5 of the 2013 Land Law)

3. Prohibited acts on land

- Encroachment, occupation, and destruction of land.

- Violation of announced land use planning and plans.

- Not using land, using land for the wrong purpose.

- Failure to comply with legal provisions when exercising land user rights.

- Receive transfer of agricultural land use rights exceeding the limit for households and individuals according to the provisions of the 2013 Land Law.

- Using land and conducting transactions on land use rights without registering with competent state agencies.

- Failure to perform or incomplete performance of financial obligations to the State.

- Taking advantage of position and power to violate regulations on land management.

- Failure to provide or provision of inaccurate land information as prescribed by law.

- Obstructing or causing difficulties in the exercise of land users' rights as prescribed by law.

(Article 12 of the 2013 Land Law)

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