The Ministry of Agriculture and Environment has just announced the draft Law amending and supplementing a number of articles of the 2024 Land Law to collect comments.
In the draft, the Ministry proposes to amend and supplement Clause 1, Article 136 of the current Land Law as follows:
The authority to issue a Certificate of land use rights and ownership of assets attached to land for the first time in cases of initial registration that require a Certificate of land use rights and ownership of assets attached to land and cases specified in Point b, Clause 7, Article 219 of this Law is stipulated as follows:
a) The competent land management agency at the provincial level shall issue a Certificate of land use rights and ownership of assets attached to land to land users and owners of assets attached to land specified in Clauses 1, 2, 5 and 7, Article 4 of this Law not falling under Point b of this Clause, except for the case specified in Point b of this Clause;
b) The Chairman of the People's Committee at the commune level shall issue a Certificate of land use rights and ownership of assets attached to land to land users and owners of assets attached to land specified in Clauses 3, 4 and 6, Article 4 of this Law and the cases specified in Clauses 1, 2, 5 and 7, Article 4 that are allocated land, leased land or recognized by the State in the form of provisions of Article 118, Clause 3, Article 120 or Article 119 and Clause 2, Article 120 but are exempted from all land use fees and land rent for the entire lease term.
At the same time, the draft also proposes to amend and supplement Point a, Clause 3, Article 139 as follows:
In case the person is using land stably, in accordance with the district-level land use planning approved before the effective date of this Law or the commune-level land use planning or one of the planning according to the provisions of the law on urban and rural planning, he/she will be considered for a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law; in case the person is using land stably for agricultural land purposes, it is not necessary to consider the compliance with the planning according to the provisions of this Clause.
