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Land allocation by State without land use levy

19/10/2021


Land allocation without land use levy is the State's policy towards some land users. To be allocated land, it is necessary to write an application for land allocation to the district-level People's Committee if it is a household, individual or community, to the provincial-level People's Committee if it is an organization or religious establishment.

Specifically, the cases in which land is allocated by the State without land use levy under the 2013 Land Law are specified in Article 54 of the 2013 Land Law as follows:

- Households and individuals directly engaged in agricultural, forestry, aquaculture or salt production are allocated agricultural land within the limit specified in Article 129 of this Law;

- Users of protection forest land, special-use forest land, production forest land being natural forests, land for building offices of agencies, land used for defense and security purposes; land used for public purposes not for business purposes; land for cemeteries or graveyards other than those specified in Clause 4, Article 55 of this Law;

Đất được nhà nước giao tại khu công nghiệp
Land allocated by the state in industrial park

- Non-financial public non-business organizations using land for construction of non-business works;

- Organization using land to build houses in service of resettlement according to the State's projects;

- Communities using agricultural land; religious establishments using non-agricultural land specified in Clause 1, Article 159 of this Law.

Thus, compared with Land Law 2003,  Land Law 2013 has added a case where the State allocates land without collecting land use levy, and concurrently narrowing down the subjects who are allocated land without land use levy (reduced 3 subjects) converted to land lease. Specifically:

The 2013 Land Law supplements the case that the State allocates land without collecting land use levy, which is a public non-business organization that is not yet financially self-sufficient in using land for construction of non-business works. It can be seen that the adđe case is the case that is consistent with the current land use practice when the land allocation is done without collection of use fees.

The 2013 Land Law eliminated three groups of subjects who were allocated land without land use levy compared to the 2003 Land Law, including:

- Organization using land for the purposes of research, experiment and experiment in agriculture, forestry, aquaculture, salt production;

- Agricultural cooperatives using land as ground for the construction of cooperative offices, drying yards, and warehouses; building service establishments directly serving agricultural production, forestry, aquaculture and salt production;

- People's armed forces allocated land by the State for agricultural, forestry, aquaculture, salt production combined with defense and security tasks.