Transitional regulations on land allocation, land leasing, and land use conversion.

Reply:

Article 255 of the 2024 Land Law stipulates the transitional provisions regarding land allocation, land leasing, and land use conversion when this Law comes into effect as follows:

1. Households and individuals currently using agricultural land allocated before July 1, 2014, but exceeding the land allocation limit at the time of allocation, must switch to leasing the land in accordance with the provisions of this Law for the excess area.

2. Economic organizations, households, individuals, and Vietnamese people residing abroad who were allocated land by the State with land use fees paid before the effective date of the 2024 Land Law and now fall under the category of land lease according to the provisions of this Law may continue to use the land for the remaining land use term without having to switch to land lease. Upon expiration of the land use term, if extended by a competent state agency, they must switch to land lease according to the provisions of this Law.

3. Organizations, households, individuals, and Vietnamese people residing abroad who were allocated land by the State without payment of land use fees before July 1, 2014, and who fall under the category of land lease according to the provisions of Land Law No. 45/2013/QH13 and this Law, must switch to land lease.

4. Economic organizations, households, individuals, and Vietnamese people residing abroad who are eligible to continue using land as stipulated in Clause 3, Article 60 of the Land Law No. 45/2013/QH13 may continue to use the land for the remaining land use period without having to switch to land lease as prescribed by this Law.

5. Economic organizations that are eligible to continue using land as stipulated in Clause 4, Article 60 of the Land Law No. 45/2013/QH13 may continue to use the land for the remaining term of the project without having to switch to land lease as prescribed by this Law.

6. Land users who are eligible to continue using the land as stipulated in Clause 5, Article 60 of the Land Law No. 45/2013/QH13 may choose to continue leasing the land for the remaining land use period or switch to land allocation with payment of land use fees as prescribed in this Law.

7. Organizations, households, individuals, Vietnamese people residing abroad, and foreign-invested enterprises that have submitted applications for land allocation, land lease, or land use conversion but have not yet received a decision on land allocation, land lease, or permission to convert land use shall carry out land allocation, land lease, or land use conversion according to the provisions of the law before the effective date of this Law; if needed, they may proceed according to the provisions of this Law.

8. Public non-business units that were allocated land by the State without land use fees or leased land before the effective date of this Law may continue to use the land for the remaining land use period in the form of land allocation or lease; if needed, they may switch to land allocation or lease in accordance with the provisions of this Law. Upon expiration of the land use period, the extension of land use shall be carried out in accordance with the provisions of this Law.

9. For investment projects that have received written approval of investment policy or selection of investor/project owner from competent authorities in accordance with the laws on investment, housing, and bidding before July 1, 2014, but have not yet been allocated or leased land to the investor/project owner, and which are now consistent with land use planning and have been reviewed and confirmed by the provincial People's Committee as having complied with the laws on investment, housing, and bidding at the time of issuance of those documents, and where the delay in allocating or leasing land is not the fault of the investor/project owner, then there is no need to organize auctions for land use rights or bidding to select investors to implement projects using land as prescribed in this Law; the procedures, authority, and time limit for allocating or leasing land shall be implemented in accordance with the provisions of this Law.

10. For investment projects where investors or project owners have been selected in accordance with the laws on investment, housing, and bidding from July 1, 2014, until before the effective date of this Law, but land has not yet been allocated or leased, and which fall under the category of land allocation or lease without auctioning land use rights as stipulated in the Land Law No. 45/2013/QH13, relevant laws, and in accordance with land use planning and plans, the subsequent steps in the land allocation and leasing procedures shall continue to be implemented to allocate or lease land to investors or project owners as prescribed in this Law.

11. Individuals who were allocated alluvial land along rivers and coastlines by the State before July 1, 2014, for agricultural purposes may continue to use the land for the remaining term. Upon expiration of the land allocation term, if there is a need for land use, in accordance with land use planning and plans, and without violating land laws, the State may consider allocating or leasing the land to them.