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The latest principles for land use and land leasing according to the Land Law.

Báo Quốc TếBáo Quốc Tế02/09/2023


Land users are granted land by the State, leased land, recognized land use rights, or receive transfers of land use rights in accordance with the provisions of the 2013 Land Law.
Nguyên tắc sử dụng đất, cho thuê đất mới nhất theo Luật Đất đai
Principles of land use according to the 2013 Land Law. (Source: Lao Dong Newspaper)

1. Principles of land use according to the 2013 Land Law

The principles of land use under the 2013 Land Law include:

- In accordance with land use planning and plans, and for the intended purpose.

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

- Land users exercise their rights and fulfill their obligations within the land use period as prescribed by the 2013 Land Law and other relevant laws.

(Article 6 of the 2013 Land Law)

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

Land users who are allocated land, leased land, have their land use rights recognized, or receive the transfer of land use rights by the State in accordance with the provisions of the 2013 Land Law include:

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

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

- A community consists of Vietnamese people living in the same area (village, hamlet, neighborhood, or similar residential area) who share the same customs, traditions, or ancestry;

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

- Foreign organizations with diplomatic functions include diplomatic missions, consular offices, other foreign representative offices with diplomatic functions recognized by the Vietnamese Government; representative offices of organizations belonging to the United Nations, intergovernmental agencies or organizations, and representative offices of intergovernmental organizations;

- Vietnamese people residing abroad in accordance with the law on nationality;

- Foreign-invested enterprises include enterprises with 100% foreign investment, joint ventures, and 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 regarding land

- Encroaching upon, occupying, and destroying land.

- Violation of the published land use plan and scheme.

- Not using the land, or using the land for purposes other than intended.

- Failure to comply with legal regulations when exercising land use rights.

- Receiving the transfer of agricultural land use rights exceeding the prescribed limit for households and individuals as stipulated in the 2013 Land Law.

- Using land or conducting transactions related to land use rights without registering with the competent state authority.

- Failure to fulfill or incomplete fulfillment of financial obligations to the State.

- Abusing one's position and authority to violate regulations on land management.

- Failure to provide or providing inaccurate information about land as required by law.

- Obstructing or hindering the exercise of land users' rights as stipulated by law.

(Article 12 of the 2013 Land Law)



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