In what cases are land use rights contributed and land readjustment carried out?

Reply:

Article 219Land Law 2024 stipulates onland use rights contribution, land readjustmentas follows:

1. Contributing land use rights and readjusting land is a method of rearranging land in a certain land area based on the consensus of land users to readjust all or part of the land area under their land use rights in that area according to a plan approved by a competent authority.

2. Contribution of land use rights and land readjustment is carried out in the following cases:

a) Concentrating agricultural land for production;

b) Implement projects to improve and develop rural residential areas, expand and upgrade rural roads;

c) Implement urban development and beautification projects; renovate, upgrade or rebuild apartment buildings; expand and upgrade urban roads.

3. Conditions for implementing land use rights contribution and land readjustment are stipulated as follows:

a) In accordance with land use planning, construction planning, and urban planning approved by competent authorities;

b) There is a plan to contribute land use rights and readjust land that is agreed upon by land users in the area planned for implementation and approved by the Provincial People's Committee for the case specified in Point c, Clause 2 of this Article, and approved by the District People's Committee for the case specified in Point b, Clause 2 of this Article.

4. The plan for land use rights contribution and land readjustment must show the following contents:

a) Current land use status in the area that needs to be readjusted and parties contributing land use rights;

b) Land rearrangement plan, which must show the design plan for technical infrastructure, social infrastructure, environmental infrastructure, and the proportion of land area that land users contribute to build technical infrastructure works and provide public services;

c) Location and area of ​​land that the land user will receive back after implementing the land adjustment plan.

5. For land areas managed by State agencies and organizations in the area where land use rights are contributed, land use shall be adjusted as follows:

a) Used to build and upgrade infrastructure systems and public services in residential areas;

b) Auction of land use rights for the remaining land area after using the land according to Point a of this Clause. The proceeds from the auction of land use rights shall be used to implement the project.

6. Contribution of land use rights and land readjustment must have an investment project implemented by the land user community itself or in a joint venture or association with investors according to the provisions of law.

7. The People's Committees at provincial and district levels have the following responsibilities:

a) Provide information on current land use status, land use planning and plans; construction planning; urban planning approved by competent authorities related to the land use rights contribution area and land readjustment;

b) Granting of Certificates of land use rights and ownership of assets attached to land according to approved land use rights contribution and land readjustment plans.

8. The Government shall detail this Article.