Land use principles in Vietnam under the 2024 Land Law

1. Land use principles according to the 2024 Land Law

Land use principles are stipulated in Article 5 of the 2024 Land Law, including:

- Correct land use purpose.

- Sustainable, economical, effective for land and resources on the surface and underground.

- Protect the land, protect the environment, adapt to climate change, do not overuse pesticides and chemical fertilizers that pollute and degrade the land.

- Exercise the rights and obligations of land users during the land use period according to the provisions of this Law and other relevant legal provisions; do not infringe upon the legitimate rights and interests of adjacent and surrounding land users.

2. Land users under the 2024 Land Law

Land users who are allocated land, leased land, or have their land use rights recognized by the State; are using land stably, are eligible for a Certificate of land use rights and ownership of assets attached to land but have not been granted a Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights and ownership of assets attached to land; receive land use rights; sublease land according to the provisions of this Law, including:

- Domestic organizations include:

+ State agencies, agencies of the Communist Party of Vietnam, people's armed forces, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service units and other organizations as prescribed by law;

+ Economic organizations as prescribed by the Investment Law 2020, except for economic organizations with foreign investment capital (hereinafter referred to as economic organizations);

- Religious organizations, affiliated religious organizations;

- Domestic individuals, Vietnamese people residing abroad are Vietnamese citizens (hereinafter referred to as individuals);

- Residential community;

- Foreign organizations with diplomatic functions include diplomatic representative agencies, consular agencies, other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations under the United Nations, intergovernmental agencies or organizations, representative agencies of intergovernmental organizations;

- Vietnamese people residing abroad;

- Economic organizations with foreign investment capital.

(Article 4 of the 2024 Land Law)

3. Prohibited acts in the land sector according to the 2024 Land Law

- Land encroachment, land occupation, land destruction.

- Violation of regulations of law on state management of land.

- Violating land policies for ethnic minorities.

- Taking advantage of position and power to violate the provisions of law on land management.

- Failure to provide information or provision of inaccurate land information, failure to meet the time limit requirements as prescribed by law.

- Not preventing or handling violations of land laws.

- Failure to comply with legal regulations when exercising land user rights.

- Using land and conducting transactions on land use rights without registering with the competent authority.

- Failure to perform or incomplete performance of financial obligations to the State.

- Obstructing or causing difficulties in land use and the exercise of land users' rights as prescribed by law.

- Gender discrimination in land management and use.

(Article 11 of the 2024 Land Law)