On June 9, 2024, the Government issued Resolution 84/NQ-CP on the Project to develop a Law amending and supplementing a number of articles of Land Law No. 31/2024/QH15, Housing Law No. 27/ 2023/QH15, Law on Real Estate Business No. 29/2023/QH15, Law on Credit Institutions No. 32/2024/QH15.
Accordingly, the Law on Housing 2023, Law on Real Estate Business 2023, Law on Land 2024, Law on Credit Institutions 2024 will take effect from August 1, 2024.
Particularly for the Law on Land 2024, Resolution 84 stipulates that the effective date of the Land Law 2024 is from August 1, 2024, except for the following cases, which take effect from January 1, 2025:
i. Article 253 provides transitional regulations on planning and land use plans when the 2024 Land Law takes effect
ii. Article 254 provides transitional regulations on land recovery; compensation, support, and resettlement when the State recovers land when the Law on Land 2024 takes effect, except for Clauses 4 and 5 effective from August 1, 2024:
- “4. In cases where there has been a decision to recover land and a decision to approve the compensation, support and resettlement plan before the effective date of this Law, but after the effective date of this Law, there is a decision when assigning resettlement land, the land price used to calculate land use fees at the resettlement place is determined at the time of approving the compensation, support and resettlement plan; In case at the time of the decision to allocate resettlement land, the price of resettlement land is lower than the land price in the compensation, support, and resettlement plan, the land price at the time of issuance of the decision to allocate resettlement land will apply. settled.
- “5. For investment projects that have been approved by the Prime Minister for the Compensation, Support and Resettlement Policy Framework before the effective date of this Law but the locality has not yet approved the compensation, support and resettlement plan. resettlement, more beneficial policies will be applied to those whose land is recovered according to the Compensation, Support, and Resettlement Policy Framework and the provisions of this Law."
iii. Article 255 regulates the transition of land allocation, land lease, and change of land use purpose when the 2024 Land Law takes effect, except for Clause 8, which takes effect from August 1, 2024:
"8. Public service units that are allocated land by the State without collection of land use fees or leased land before the effective date of this Law may continue to use the land for the remaining land use term in the form approved. land allocation, land lease; In case of need, it can be converted to land allocation or land lease according to the provisions of this Law. When the land use term expires, land use extension shall be carried out in accordance with the provisions of this Law."
iv. Article 256 regulates the handling of cadastral records, land registration, and issuance of certificates when the Law on Land 2024 takes effect, except for Clauses 2 and 4, which take effect from August 1, 2024:
- "2. Records for registration of land, assets attached to land, issuance of certificates of land use rights, ownership of houses and other assets attached to land have been received by competent authorities but as of the date of this Law takes effect but has not yet been granted a Certificate of land use rights, ownership of houses and other assets attached to land by a competent authority, then continue to handle the procedures according to the provisions of Law on Land No. 31/2024/QH15 and documents detailing and guiding implementation; The authority to grant Certificates of land use rights and ownership of assets attached to land shall comply with the provisions of this Law. In case the land user requests compliance with the provisions of this Law, the competent agency shall resolve it according to the provisions of this Law."
- “4. In case the Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, ownership of houses and other assets attached to land issued to the representative representative of a household before the effective date of this Law, if the members share land use rights of the household in need, it will be changed to a Certificate of land use rights and ownership of attached assets. attached to the land and write the full names of members sharing the same land use rights.”
v. Article 257 regulates land finance and land prices when the Land Law 2024 takes effect, except for Clause 1, effective from August 1, 2024:
"1. The land price list issued by the Provincial People's Committee according to the provisions of Land Law No. 31/2024/QH15 continues to apply until December 31, 2025; In case of necessity, the Provincial People's Committee shall decide to adjust the land price list according to the provisions of this Law to suit the actual situation of land prices in the locality."
vii. Article 159 regulates the handling of land use rights of households that exist before the effective date of the Law on Land 2024
viii. Article 160 provides for the transition of a number of other cases when the 2024 Land Law takes effect, except for Clauses 12, 14 and 15 effective from August 1, 2024:
- "12. Land users who are leased land by the State but have chosen the form of land lease with annual land rent payment or land lease with one-time land rent payment for the entire lease period before the effective date of this Law shall be continue to use the land according to the selected form of land lease for the remaining land use term, except for the cases specified in Article 30 of this Law.”
- “14. In case an economic organization is exempted from land use fees or land rent before the effective date of this Law but now transfers or contributes capital with land use rights, it shall exercise its rights and obligations according to the provisions of the Law."
- “15. Individuals who are ethnic minorities are allocated or leased land by the State according to the land support policy for ethnic minorities according to the provisions of law before the effective date of this Law and meet the following conditions: If eligible to enjoy land support policies for ethnic minorities according to the provisions of this Law, they will be entitled to enjoy land support policies specified in this Law."
Resolution 84 takes effect from June 9, 2024.
Comment: