Decree 102/2024/ND-CP guiding the Vietnam Land Law

Decree 102/2024/ND-CP, issued on July 30, 2024, is an important document providing detailed guidance on the implementation of the Land Law 2024. This Decree covers many issues related to land management and use, from land allocation, and land lease, to land use conversion, and land dispute resolution. In particular, this Decree has simplified administrative procedures, helping people and enterprises easily access land-related services. Decree 102/2024/ND-CP takes effect from August 1, 2024.

Land recovery procedures due to violations of land law

According to Article 30 of Decree 102/2024/ND-CP, when a land user fails to perform or does not fully perform financial obligations to the State, such as not paying land use fees or land rent, and has been forced by a competent state agency but still fails to comply, the tax authority will be responsible for sending a notice of this situation.

This notice, together with relevant documents, will be sent to the competent land management authority to carry out the necessary procedures to request the competent authority to reclaim the land. This is to ensure transparency and fairness in land management.

Conditions for land recovery due to violations of land law 2024

According to Clause 1, Article 32 of Decree 102/2024/ND-CP:

• If the violation must be administratively sanctioned, within 30 days of receiving a written request from a competent authority regarding a land-related violation, the land management agency is responsible for preparing a dossier to submit to the competent authority for land recovery.
• For violations that do not require administrative sanctions, land will be recovered after the inspection or examination agency has concluded the violation.

After receiving documents and materials from the competent authority, the land management agency must complete the land recovery dossier within 30 days and submit it to the competent People’s Committee.

The dossier includes the Proposal on land recovery; a draft Decision on land recovery according to Form No. 01d in the Appendix issued with this Decree; and documents transferred by competent state agencies.

The competent People’s Committee, after receiving the dossier, will notify the decision to reclaim the land within 10 days. The relevant people have 45 days to handle the assets on the land. Then, within 15 days from the end of the notification period, the People’s Committee is responsible for issuing the decision to reclaim the land and organizing the implementation. If the land user does not comply, the competent authority will proceed to enforce the land reclamation.

Responsibilities of the competent People’s Committee

According to Clause 6, Article 32 of the Decree, the People’s Committee at the competent level must notify land users of land recovery and publish this information on the portal or website of the People’s Committee at the provincial or district level. At the same time, this agency is also responsible for directing the handling of the remaining value of investments in land or assets attached to land following the law.

In addition, the People’s Committee at the competent level must direct the People’s Committee at the district level to organize the enforcement of the land recovery decision according to Article 39 of the Decree. This includes arranging the necessary funds to implement measures to enforce land recovery.

Land registration office branch

In general, Decree 102/2024/ND-CP guiding the Vietnam Land Law has continued to promote the basic functions and tasks of the Land Registration Office Branch according to Decree 43/2014/ND-CP, but at the same time introduced improvements in organization and procedures to improve the efficiency of land management and better meet the needs of people in the new context.

Specifically, the Land Registration Office Branch under Decree 43/2014/ND-CP is a dependent accounting unit of the Land Registration Office and is allowed to perform the functions, tasks, and powers of the Land Registration Office. Under the new provisions of Decree 102/2024/ND-CP, the Land Registration Office Branch is an agency with legal status, and its seal and is allowed to open an account as a public service unit.

This aims to increase decentralization and delegation of authority, but at the same time enhance the capacity and responsibility of subordinate agencies.

Strengthening land fund development for housing projects

Decree 102/2024/ND-CP has introduced new regulations to promote the development of land funds for housing and urban projects, in the context of increasingly limited land resources but increasing demand. Notably, this Decree introduces the Land Fund Creation Project as a new tool to help increase the ability to supply land for housing projects.

Specifically, the Land Fund Creation Project is implemented through two main forms:

• Infrastructure construction projects create land funds for auctioning land use rights to implement urban construction investment projects to provide mixed, synchronous technical and social infrastructure, including housing.
• Infrastructure construction projects to create land funds for auctioning land use rights to implement rural residential area projects, arrange resettlement, or reserve residential land for ethnic minorities.

The capital to implement these projects is taken from foreign capital for public investment or public investment capital, following the provisions of the law.

Obligations of investors with apartment-building land and multi-purpose land

Apartment-building land

The land area under the common use of the owners in the apartment complex includes land for building apartment blocks, yards, flower gardens, surrounding trees, and land for external infrastructure works directly serving the apartment complex. The investor is responsible for handing over these areas to the owners of apartments, offices, or commercial establishments to self-organize and use according to the regulations of the investment project. Each owner will be granted a Certificate for the area of ​​his/her apartment, including the common-use area, and this right to use is guaranteed to be stable and long-term.

Multi-purpose land

The use of land for mixed purposes is subject to specific conditions:

• The purpose of use must not lead to conversion of land use purpose.
• The land area used for multiple purposes must not exceed 50% of the land area for the main purpose, except in cases where residential land is used in combination with other purposes.
• Construction works are of suitable scale and easy to dismantle when needed.

In addition, the use of land for combined purposes must be specifically planned and approved by the competent authority.

Above are some important contents of Decree 102/2024/ND-CP guiding the Vietnam Land Law 2024. Customers who need advice on land law, civil law, and related amended decrees, please contact Viet An Law Firm for the best support.