1. Supplementing regulations on compensation for crops and livestock when the State reclaims land
Accordingly, Clause 2, Article 2 of Decree 226/2025/ND-CP has added Article 14a after Article 14 of Decree 88/2024/ND-CP regulating compensation for crops and livestock as follows:
- In case compensation for perennial crops that are harvested multiple times as prescribed in Clause 2, Article 103 of the 2024 Land Law and the unharvested garden output cannot be determined corresponding to the remaining years in the harvest cycle, the compensation level will be calculated at the actual damage value of the garden.
- In case the Provincial People's Committee considers issuing a unit price for compensation for crop and livestock damage as prescribed in Clause 6, Article 103 of the 2024 Land Law without a crop and livestock production process issued by a competent authority, it shall be based on the actual situation of the locality to issue.
2. Amending regulations on recording debts for land use fees when issuing red books
Specifically, Decree 226/2025/ND-CP amends and supplements Point a and Point c, Clause 11, Article 18 of Decree 101/2024/ND-CP regulating the recording of land use fees when granting a Certificate of land use rights and ownership of assets attached to land (also known as a Red Book) as follows:
a) Subjects eligible for debts for land use fees when issuing a Certificate of land use rights and ownership of assets attached to land for the first time are individuals and households using land that need to be debtors.
"c) The order and procedures for recording, paying, and removing land use fee debts for households and individuals eligible for land use fee debts as prescribed in this clause shall comply with the provisions of law on land use fee collection and land rent.
The land use fee debt period of the subject specified in Point a of this Clause is calculated until the land user exercises the right to convert, transfer, donate land use rights, mortgage, contribute capital using land use rights and must pay the full remaining land use fee before exercising these rights; in case of donation or inheritance of land use rights, the recipient belonging to a poor household, a near-poor household and the inheritor will continue to record the debt".
Regarding the amount of money and the maturity period to be deb debtors, it is still implemented according to the provisions of Decree 101/2024/ND-CP as follows:
- The land use fee that is recorded in debt in the case specified in Point a of this Clause is the entire land use fee payable at the time of issuance of the Certificate of land use rights and ownership of assets attached to land;
- The debt of land use fees to the subjects specified in Point a of this Clause shall be applied from August 1, 2024 to July 31, 2029, the payment and cancellation of land use fee shall be made in accordance with the provisions of law on land use fee collection and land rent.
3. Procedures for approving the conversion of rice-growing land use to other purposes
Decree 226/2025/ND-CP amending and supplementing Article 50 of Decree 102/2024/ND-CP stipulates the procedures for approving the conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes as prescribed in Clause 1, Article 122 of the 2024 Land Law as follows:
- The competent land management agency at the commune level is responsible for synthesizing needs and making a list of projects that must change the purpose of using rice-growing land, special-use forest land, protective forest land and production forest land to implement investment projects in the area, except for the cases specified in Clause 4, Article 67 of the 2024 Land Law.
- The People's Committee at the commune level shall submit to the People's Committee at the provincial level for approval a list of projects requiring conversion of land use purposes with rice-growing land, special-use forest land, protective forest land, and production forest land.
- The provincial People's Committee shall have a document approving the list of projects that must change the purpose of land use with rice-growing land, special-use forest land, protective forest land, and production forest land.
- In case of converting the purpose of using rice-growing land, special-use forest land, protective forest land and production forest land to other purposes without having to establish an investment project according to the provisions of the law on investment, it is not necessary to carry out the procedures specified in the above Clauses.
