Some new points of the 2024 land law

1.  Remove the land price bracket, determine land prices according to market principles and issue a new Land Price List from January 1, 2026:

Currently, the land price framework is issued periodically every 5 years and serves as a basis for the Provincial People's Committee to develop a local land price list.

The removal of the land price bracket means that the provinces have full authority to decide on the land price list without being bound by the minimum or maximum price in the land price bracket. The new land price list will be determined for each land plot, based on the value area and standard land plot, provided that the area has a digital cadastral map and land price database.

Regulations in Articles 158 and 159 of the Land Law 2024[HL1] 

2.  Extending the timeline for land use without documents to be granted a Red Book for another 10 years (from July 1, 2004 to July 1, 2014)

According to Article 138 of the Land Law 2024, households and individuals that are using land stably but do not have documents can still be issued red books if:

+ Do not violate land laws before July 1, 2014

+ Do not allocate land without authority

+ There is confirmation from the Commune People's Committee that there is no dispute

Land use period to be considered for issuance of red book:

+ Before December 18, 1980

+ From December 18, 1980 to before October 15, 1993

+ From October 15, 1993 to before July 1, 2014

Compared to the 2013 Land Law, the new Law has extended the time limit for being considered for issuance of red books by 10 years (from July 1, 2004 to July 1, 2014).

3. No longer providing land to households

Article 4 Land Law 2024 regulations on land users, including no households.

In the case of a Certificate of Land Use Rights, Certificate of House Ownership and Land Use Rights, Certificate of Land Use Rights, Ownership of Houses and Other Assets attached to Land issued to a household representative before the effective date of the 2024 Land Law, if the members share the same land use rights of the household in need, it will be issued in exchange for a Certificate of Land Use Rights, Ownership of Assets attached to land with full names. Members share common land use rights.

Determining members who share common land use rights of the household to write their names on the Certificate of land use rights and ownership of assets attached to land is decided by these members and are responsible before the law (according to Clause 4, Article 256 of the Land Law 2024).

4. New point on land prices when calculating non-agricultural land use tax

In Clause 3, Article 6 Law on Non-Agricultural Land Use Tax 2010 regulations “The price per square meter of land is the land price according to the purpose of use prescribed by the People's Committee of the province or centrally run city and is stable on a 5-year cycle from the effective date of this Law..

From January 1, 2025, Article 249 Land Law 2024 amend clause 3 of Article 6 Law on Non-Agricultural Land Use Tax 2010 About the price of 1 meter2 When calculating non-agricultural land use tax: Price of 1m2 Land is the land price according to the land price list corresponding to the purpose of use and is stable over a 5-year cycle

5. Individuals who do not directly engage in agricultural production can still receive land transfers for rice cultivation

Section 5 Chapter III Land Law 2024 Regarding the conditions for exercising the rights of land users, there is no longer a regulation: "Households and individuals who do not directly engage in agricultural production are not allowed to transfer or donate rice land use rights."

Instead, in Clause 7, Article 45 Land Law 2024 has the following provisions:

Individuals who do not directly engage in agricultural production receive transfer or donation of rice land use rights

->  Land Law 2024 has allowed individuals who do not directly engage in agricultural production to still receive rice land transfers.

6. The Land Law 2024 stipulates principles and conditions for separating and combining land plots

Land Law 2013 There are no regulations on conditions for dividing or combining land plots. Arrive Land Law 2024 Regulations on principles and conditions for separating and combining land plots have been added in Article 220.

Above are the important new points of the Land Law 2024 that INlaw Vietnam sends to customers to help promptly update legal regulations related to rights and obligations in land use. If you have any questions or need in-depth advice, please contact us CONSULTING LAWYER via phone number 0966 955 711 for quick and accurate support.

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