In case of implementing conditional land use rights under the 2024 Land Law?
May I ask what the 2024 Land Law stipulates about the case of implementing conditional land use rights?. The issue of concern of Mr. Lang Vi Nguyet (Tuong Duong district, Nghe An province).
Reply: The case of exercising the right to use land with conditions according to Article 48 of the 2024 Land Law is the case where an individual is an ethnic minority and is allocated land or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law.
Accordingly, individuals who are ethnic minorities and are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are not allowed to transfer, contribute capital, donate, inherit, or mortgage land use rights, except in the following two cases:
Case 1
Individuals who are ethnic minorities and are allocated land or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are allowed to inherit, donate, or transfer land use rights to heirs who are subjects specified in Clause 2, Article 16 of the 2024 Land Law.
In case the land user dies without an heir belonging to the line of inheritance specified in Clause 2, Article 16 of the 2024 Land Law, the State shall recover the land and compensate the heir for assets attached to the land according to the provisions of law;
In case the land user moves from the provincial area where the land is located to another place to live or no longer needs to use the land without donating or transferring the land use right to a person belonging to the inheritance line who is the subject specified in Clause 2, Article 16, Land Law 2024, the State shall recover the land and compensate the property attached to the land according to the provisions of law for the person whose land is recovered. The recovered land area shall be used to continue allocating land or leasing land to other individuals who are ethnic minorities according to the policy specified in Article 16, Land Law 2024.
Case 2
Individuals who are ethnic minorities and are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are allowed to mortgage land use rights at policy banks.
*Note:Individuals who are ethnic minorities and are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are not allowed to transfer, contribute capital, donate, inherit, or mortgage land use rights, except in the cases specified in the two cases mentioned above.
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