Rights and obligations of land users under the 2024 Land Law

1. Who are the 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 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 (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.

(Article 4 of the 2024 Land Law)

2. Rights and obligations of land users under the 2024 Land Law

Specifically, subjects belonging to land users under the 2024 Land Law will have 08 general rights stipulated in Article 26, including:

(1) Granted a Certificate of land use rights and ownership of assets attached to land when meeting all conditions prescribed by the law on land.

(2) Enjoy the fruits of labor and investment results on legally used land.

(3) Enjoy benefits when the State invests in protecting, improving and developing agricultural land.

(4) Receive guidance and assistance from the State in improving and restoring agricultural land.

(5) Be protected by the State when others infringe upon one's legitimate rights and interests regarding land.

(6) Right to change land use purpose according to the provisions of the 2024 Land Law and other relevant legal provisions.

(7) Receive compensation, support, and resettlement when the State reclaims land according to the provisions of the 2024 Land Law.

(8) Complain, denounce, and file lawsuits about violations of one's legal land use rights and other violations of land laws.

In addition, land users have the right to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights and receive land use rights according to the provisions of Articles 26 and 27 of the 2024 Land Law.

In addition to the above general rights, each subject of land users under the 2024 Land Law will have additional specific rights and obligations as follows:

(1) Rights and obligations of domestic organizations using land (from Article 32 to Article 36)

- Rights and obligations of domestic organizations that are allocated land by the State without collecting land use fees

- Rights and obligations of domestic organizations that are allocated land by the State with land use fees collected, or leased land with one-time land rental fees collected for the entire lease term.

- Rights and obligations of economic organizations, public service units, religious organizations, and affiliated religious organizations using land leased by the State and collecting annual fees

- Rights and obligations of economic organizations receiving land use rights transfer and land use purpose change

- Rights and obligations of economic organizations receiving capital contributions in the form of land use rights; land use rights of economic organizations upon dissolution or bankruptcy

(2) Rights and obligations of individuals and communities using land (from Article 37 to Article 39)

- Rights and obligations of individuals using land

- Rights and obligations of individuals changing land use purpose from land without land use fee collection to land with land use fee collection or land lease

- Rights and obligations of the community using land

(3) Rights and obligations of individuals and communities using land (from Article 40 to Article 44)

- Rights and obligations of foreign organizations with diplomatic functions

- Rights and obligations of people of Vietnamese origin residing abroad and economic organizations with foreign investment capital using land to implement investment projects in Vietnam

- Rights and obligations of foreign-invested economic organizations using land due to capital contribution in the form of land use rights

- Rights and obligations of people of Vietnamese origin residing abroad, economic organizations with foreign investment capital using land in industrial parks, industrial clusters, and high-tech zones

- Rights and obligations regarding land use of Vietnamese people residing abroad who are allowed to own houses in Vietnam; foreigners or Vietnamese people residing abroad are not allowed to own houses attached to land use rights in Vietnam.

The Land Law 2024 takes effect from January 1, 2025, except for the following provisions:

- Article 190 and Article 248 of the 2024 Land Law take effect from April 1, 2024.

- The establishment and approval of land use planning will continue to be implemented in accordance with the provisions of Resolution 61/2022/QH15 on continuing to strengthen the effectiveness and efficiency of implementing policies and laws on planning and a number of solutions to remove difficulties and obstacles, speed up the establishment progress and improve the quality of planning for the 2021 - 2030 period.

Clause 9, Article 60 of the 2024 Land Law takes effect from the date Resolution 61/2022/QH15 expires.

The 2013 Land Law ceases to be effective from the effective date of the 2024 Land Law.