What are the conditions under which land use rights can be exercised according to the 2024 Land Law?
Could you please tell me what the 2024 Land Law stipulates regarding the exercise of conditional land use rights? This is a question from Mr. Lang Vi Nguyet (Tuong Duong district, Nghe An province).
ReplyThe case of exercising conditional land use rights under Article 48 of the 2024 Land Law is when an individual belonging to an ethnic minority group is allocated or leased land by the State in accordance with Clause 3, Article 16 of the 2024 Land Law.
Accordingly, individuals belonging to ethnic minorities who are allocated or leased land by the State in accordance with Clause 3, Article 16 of the 2024 Land Law are not allowed to transfer, contribute capital, donate, inherit, or mortgage the right to use the land, except in the following two cases:
Case 1
Individuals belonging to ethnic minorities who are allocated or leased land by the State in accordance with Clause 3, Article 16 of the 2024 Land Law may bequeath, donate, or transfer the land use rights to heirs who are eligible under Clause 2, Article 16 of the 2024 Land Law.
In the event that a land user dies without heirs who are eligible according to Clause 2, Article 16 of the 2024 Land Law, the State shall reclaim the land and compensate the heirs for assets attached to the land in accordance with the law.
In cases where land users move away from the province where the land is located to live elsewhere or no longer need the land and do not donate or transfer the land use rights to heirs as stipulated in Clause 2, Article 16 of the 2024 Land Law, the State shall reclaim the land and compensate for assets attached to the land in accordance with the law to the landowner whose land is reclaimed. The reclaimed land area shall be used to continue allocating or leasing land to other individuals belonging to ethnic minorities in accordance with the policies stipulated in Article 16 of the 2024 Land Law.
Case 2
Individuals belonging to ethnic minorities who are allocated or leased land by the State in accordance with Clause 3, Article 16 of the 2024 Land Law are allowed to mortgage their land use rights at the policy bank.
*Note:Individuals belonging to ethnic minorities who are allocated or leased land by the State in accordance with Clause 3, Article 16 of the 2024 Land Law are not allowed to transfer, contribute capital, donate, inherit, or mortgage the right to use the land, except in the two cases mentioned above.
