Who are the land users under the 2024 Land Law?

1. Land users under the 2024 Land Law

According to Land Law 2024 land user is defined as follows:

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 the 2024 Land Law, including:

(1) 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, except for the case prescribed in Clause (7) (hereinafter referred to as economic organizations);

(2) Religious organizations and affiliated religious organizations;

(3) Domestic individuals and Vietnamese people residing abroad are Vietnamese citizens (hereinafter referred to as individuals);

(4) Residential community;

(5) 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;

(6) Vietnamese people residing abroad;

(7) Economic organizations with foreign investment capital.

**In the 2024 Land Law, it is defined: Land-using households are those who have marital, blood, or foster relationships according to the provisions of the law on marriage and family, are living together and have the right to use common land at the time the State allocates land, leases land, recognizes land use rights, or receives land use rights transfer before January 1, 2025.

2. Land users according to the 2013 Land Law

Currently, according to the 2013 Land Law, land users are allocated land by the State, leased land, recognized land use rights, and receive land use rights transfers according to the provisions of this Law, including:

(1) Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service organizations and other organizations as prescribed by the law on civil affairs (hereinafter referred to as organizations);

(2) Domestic households and individuals (hereinafter referred to as households and individuals);

(3) Residential communities include Vietnamese communities living in the same hamlet, village, hamlet, village, village, neighborhood, residential group and similar residential area with the same customs, practices or the same family lineage;

(4) Religious establishments include pagodas, churches, chapels, temples, shrines, Buddhist prayer halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments;

(5) 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;

(6) Vietnamese people residing abroad according to the provisions of the law on nationality;

(7) Foreign-invested enterprises include 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge, or acquire according to the provisions of the law on investment.

3. Handling of land use rights of households before January 1, 2025

According to the 2024 Land Law, there are regulations on handling land use rights of households before January 1, 2025 as follows:

- Households using land identified according to the provisions of the law on land before the effective date of this Law shall be entitled to participate in legal relations on land as a group of land users according to the provisions of Article 27 of the amended Land Law.

Households using land that have been allocated land, leased land, recognized land use rights, or received land use rights transfers by the State before January 1, 2025 shall exercise the same rights and obligations as individuals using land according to the provisions of the amended Land Law.

- When a competent state agency allocates or leases land to a household to implement an approved compensation, support, and resettlement plan, it must specifically record the individuals who are household members with land use rights in the land allocation or lease decision.

- Households that are allocated land by the State without land use fees, allocated land with land use fees, or leased land before January 1, 2025, shall continue to use the land for the remaining land use term. When the land use term expires, it shall be extended in the form of land allocation or lease to individuals who are members of that household in accordance with the provisions of the amended Land Law.