How to handle household land use rights that existed before the latest Land Law took effect?
Mr. Nguyen Xuan An, residing in Yen Thanh district, asked: How is the handling of land use rights of households that existed before the effective date of the 2024 Land Law regulated?
How to handle household land use rights that existed before the latest Land Law took effect?
Reply
Article 259 of the 2024 Land Law stipulates the handling of land use rights of households existing before the effective date of this Law as follows:
1. Households using land as determined by the provisions of the law on land before the effective date of this Law shall be entitled to participate in legal relations on land as a group of land users with common land use rights as prescribed in Clause 2, Article 27 of this Law.
Households using land that have been allocated land, leased land, had land use rights recognized by the State, or received land use rights transfer before the effective date of this Law shall have the same rights and obligations as individuals using land under the provisions of this Law.
2. When a competent state agency allocates or leases land to a household to implement an approved compensation, support, and resettlement plan, it must specifically record the individuals who are members of the household with land use rights in the land allocation or lease decision.
3. Households that have been allocated land by the State without land use fees, allocated land with land use fees, or leased land before the effective date of this Law shall continue to use the land for the remaining land use term. When the land use term expires, the land use term shall be extended in the form of land allocation or lease to individuals who are members of that household in accordance with the provisions of this Law.
