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Grounds for the State to allocate land, lease land, permit change of land use purpose

19/10/2021

According to the provisions of Clause 7, Article 3 of the 2013 Land Law, the State's allocation of land use rights (hereinafter referred to as the State's land allocation) means the State's issuance of a decision on land allocation in order to grant land use rights to those who need to use land.

Concept:

According to the provisions of Clause 7, Article 3 of the 2013 Land Law, the State's allocation of land use rights (hereinafter referred to as the State's land allocation) means the State's issuance of a decision on land allocation in order to grant land use rights to those who need to use land.

Currently, the law stipulates two major cases when the State allocates land, including:

  • Land allocation without land use levy;
  • Allotment of land with collection of land use levy.

Land allocation and land lease is one of the important tools in state management of land, contributing to socio-economic development, attracting investment and initially promoting the resources of land in the country's development.

Đất trồng lúa

Rice land.

In Article 52 of the 2013 Land Law, the basis for the State to allocate land, for land tax, to allow the change of land use purpose:​​​​​​​

  • The annual land use plan of the district has been approved by the competent state agency.
  • Demand for land use is expressed in investment projects, applications for land allocation, land lease, and land use purpose change.

Land allocation, land lease for land currently being used by other people

The State's decision on land allocation or land lease for land currently being used by other people shall be made only after a competent state agency decides on land recovery in accordance with this Law and must comply with the provisions of this Law  complete the compensation, support and resettlement according to the provisions of law, in case of having to clear the ground.

The State's allocation of land in accordance with authority, order, procedures and right subjects, will greatly contribute to the development of the economic cause. When the land area is properly exploited and maximized its functions, it will make an important contribution to promoting the economy and creating many jobs for people. The allocation of land also helps the state manage the land system throughout the country, limiting unnecessary disputes between land users.