In order to serve the appraisal of the Ministry of Justice on the Land Law (amended) project, the Ministry of Natural Resources and Environment has recently submitted Report No. 47/TTr-BTTMT to the Government, including the topic: detailed update on new points in the Draft Land Law (amended).
January – February 2023, Ministry of Natural Resources and Environment; Relevant ministries, branches, and People’s Committees of provinces and cities organize conferences, and seminars to collect people’s opinions on the draft Land Law (amended) (according to the plan in Resolution 150/NQ- CP in 2022 issued by the Government).

Issues of rights and obligations of land users as one of the important contents, having a profound influence on many aspects of society, the Draft Land Law (amended) has shown a significant adjustment orientation, specifically as follows:
(1) Supplementing regulations that organizations, households, and individuals may receive land use rights transfer according to regulations, regardless of the place of residence or head office.
(2) Supplementing the right of land users who rent land with annual rental payments and have advanced compensation and ground clearance money but have not yet fully deducted the payable land rent to mortgage or sell the property their ownership attached to the land and the right to lease land in the land lease contract.
(3) Amending and supplementing regulations allowing foreign-invested economic organizations using land formed by buying shares or contributed capital to have the rights and obligations corresponding to the form of payment. land use levy, land rent.
(4) Additional rights and obligations to use the land for the construction of aerial works.
(5) Amendment and supplementation of conditions for exercising the rights of land users:
– Amendment of regulations on conditions for the exercise of rights of land users in the direction that in case of inheritance of land use rights, conversion of agricultural land, when consolidating land or changing plots, a Certificate is not required;
– Supplementing regulations for urban areas and urban development planning areas, investors in investment projects to build urban areas and residential areas may not transfer land use rights in the form of subdivisions. ;
– Supplementing regulations on the transfer, lease, and sub-lease of land use rights for real estate business projects through the land use rights trading floor in accordance with the Government’s regulations.

*** Note: The Draft Land Law (amended) includes 237 articles, of which 48 articles remain unchanged; amended and supplement 153 articles; added 36 new articles and abolished 8 articles.* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

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