Vietnam, a country with a rich tapestry of cultures and landscapes, has recently made significant updates to its Land Law, ushering in a new era of land management and governance. The Land Law of 2024 introduces several key amendments aimed at addressing various issues concerning land ownership, usage, and allocation, with a particular focus on ensuring equitable treatment for ethnic minorities, enhancing community participation, and streamlining administrative procedures.

1. Policies for Ethnic Minority Communities

One of the notable changes in the amended Land Law is the emphasis on providing equitable land policies for ethnic minority communities. This includes provisions for ensuring access to land for both communal activities and individual livelihoods. Specifically, the state is tasked with the responsibility of developing and implementing support policies tailored to the needs of ethnic minority groups. Moreover, eligible individuals within these communities are entitled to land allocation without payment for land use.

2. Spatial Planning and Land Use Plans

The amended law introduces a structured approach to spatial planning and land use plans, operating at three levels: national, provincial, and district. Importantly, higher-level spatial plans must be decided and approved before lower-level plans, ensuring coherence and alignment in land management strategies. Furthermore, community engagement is emphasised in the planning process through mechanisms for gathering public feedback. In cases where land use plans are announced without corresponding annual land use plans at the district level, land users retain their rights until such plans are in place.

3. Land Allocation, Leasing, and Conversion

The amendments provide clarity on land allocation, leasing, and conversion processes. Notably, specific categories of entities are identified for land allocation without land use fees, such as organisations involved in public housing projects and ethnic minority communities eligible for policy support. Conversely, land allocation with land use fees is outlined for various purposes, including commercial housing projects, foreign-invested economic organisations, and individuals compensated with land following state land reclamation.

4. Land Requisition, Compensation, and Resettlement

The criteria for land requisition for socio-economic development purposes are defined under the amended law, encompassing public infrastructure projects, government office construction, and other endeavours deemed to serve national or public interests. Moreover, measures are outlined to ensure adequate compensation, support, and resettlement for affected individuals or communities. This includes providing alternative accommodation and livelihood support to ensure a smooth transition for those impacted by land requisition.

5. Financial Aspects and Land Prices

A departure from previous practices, the amended Land Law abolishes the government's framework land price regulations. Instead, a periodic land price list will be established annually, publicly disclosed, and enforced from January 1st each year. Provincial People's Committees will be responsible for drafting and submitting the initial land price list to the Provincial People's Councils for approval and implementation starting from January 1, 2026.

6. Land Registration

In a bid to enhance land registration efficiency, the amended law simplifies procedures for issuing land use right certificates to households. Additionally, provisions are made for issuing certificates to representatives of households with shared land use rights. For land parcels lacking documentation but meeting legal requirements and not involved in disputes, local People's Committees are authorised to confirm ownership before July 1, 2014.

7. Land Use Rights, Obligations, and Decentralization

To promote agricultural development, the amended law extends the limit for receiving agricultural land use rights transfers and expands the scope of eligible recipients. For non-agricultural land, projects with operational lifespans exceeding 50 years as per the Investment Law are granted corresponding land use terms, not exceeding 70 years. Furthermore, decentralisation efforts are reinforced, with more authority delegated to district-level People's Committees for land recovery decisions.

| In Conclusion

The amendments to Vietnam's Land Law of 2024 mark a significant step towards modernising land management practices and ensuring equitable access to resources for all segments of society. By addressing issues related to ethnic minority rights, community participation, administrative efficiency, and financial transparency, these changes lay the groundwork for sustainable development and social harmony in Vietnam's land governance landscape. As these new provisions are implemented, it is essential to monitor their impact and make further adjustments as necessary to achieve the law's objectives effectively.