Transitional regulations on land allocation, land lease, and change of land use purpose

Reply:

Article 255 of the 2024 Land Law stipulates the transitional provisions on land allocation, land lease, and change of land use purpose when this Law comes into effect as follows:

1. Households and individuals using agricultural land areas allocated before July 1, 2014 but exceeding the land allocation limit at the time of allocation must switch to land lease according to the provisions of this Law for the area exceeding the limit.

2. Economic organizations, households, individuals, and overseas Vietnamese who have been allocated land by the State with land use fees collected before the effective date of the 2024 Land Law and are now subject to land lease under the provisions of this Law shall continue to use the land for the remaining land use term without having to switch to land lease. When the land use term expires, if extended by a competent state agency, they must switch to land lease under the provisions of this Law.

3. Organizations, households, individuals, and overseas Vietnamese who have been allocated land by the State without land use fees before July 1, 2014 and are subject to land lease under the provisions of Land Law No. 45/2013/QH13 and this Law must switch to land lease.

4. Economic organizations, households, individuals, and overseas Vietnamese who are eligible to continue using land according to the provisions of Clause 3, Article 60 of Land Law No. 45/2013/QH13 shall continue to use land for the remaining land use term without having to switch to land lease according to the provisions of this Law.

5. Economic organizations that are allowed to continue using land according to the provisions of Clause 4, Article 60 of Land Law No. 45/2013/QH13 shall continue to use land for the remaining term of the project without having to switch to land lease according to the provisions of this Law.

6. Land users who are eligible to continue using land according to the provisions of Clause 5, Article 60 of Land Law No. 45/2013/QH13 may choose to continue leasing land for the remaining land use term or switch to land allocation with land use fee collection according to the provisions of this Law.

7. Organizations, households, individuals, overseas Vietnamese, and foreign-invested enterprises that have submitted dossiers to carry out procedures for land allocation, land lease, and land use purpose conversion but have not yet received a decision on land allocation, land lease, or permission to change land use purpose shall carry out land allocation, land lease, and land use purpose conversion in accordance with the provisions of law before the effective date of this Law; in case of need, they shall comply with the provisions of this Law.

8. Public service units that have been allocated land by the State without collecting 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 in the form of land allocation or lease; in case of need, they shall be allowed to switch to the form of land allocation or lease in accordance with the provisions of this Law. Upon the expiration of the land use term, land use extension shall be carried out in accordance with the provisions of this Law.

9. For investment projects that have had documents approving the investment policy or selecting investors or project owners by competent authorities in accordance with the provisions of the law on investment, the law on housing, and the law on bidding before July 1, 2014 but have not yet allocated or leased land to investors or project owners, but are now in accordance with the planning and land use plan, have been reviewed and confirmed by the Provincial People's Committee to have complied with the provisions of the law on investment, the law on housing, and the law on bidding at the time of issuance of those documents, and at the same time the delay in allocating or leasing land is not the fault of the investor or project owner, there is no need to organize an auction of land use rights, and no bidding to select investors to implement projects using land in accordance with the provisions of this Law; the order, procedures, authority and time limit for allocating or leasing land shall comply with the provisions of this Law.

10. For investment projects that have selected investors and project owners in accordance with the provisions of the law on investment, the law on housing, and the law on bidding from July 1, 2014 to before the effective date of this Law but have not yet allocated or leased land, which fall under the case of allocating or leasing land without going through the form of auctioning land use rights in accordance with the provisions of the Land Law No. 45/2013/QH13, relevant laws and in accordance with the planning and land use plan, the next steps in the order and procedures for allocating or leasing land to investors and project owners shall continue to be carried out in accordance with the provisions of this Law.

11. Individuals who have been allocated riverside and coastal alluvial land by the State before July 1, 2014 for agricultural purposes may continue to use the land for the remaining land allocation period. When the land allocation period expires, if they have a need to use the land, in accordance with the land use planning and plan and do not violate land laws, the State shall consider allocating or leasing the land.