1. Land allocation conditions from August 1, 2024
According to Article 122 of the 2024 Land Law, the conditions for land allocation are as follows:
- For state agencies:
Competent state agencies may only decide to allocate rice-growing land, special-use forest land, protective forest land, and production forest land after a Resolution of the Provincial People's Council is issued and the grounds specified in Article 116 of the 2024 Land Law are met, except for cases of land use for project implementation under the authority of the National Assembly and the Prime Minister to approve and decide on investment policies in accordance with the provisions of the Investment Law, the Public Investment Law, the Law on Investment under the Public-Private Partnership, and the Petroleum Law; the Provincial People's Council shall approve and decide on investment policies in accordance with the provisions of the Public Investment Law and the Law on Investment under the Public-Private Partnership.
- For the land assignee:
People who are allocated land by the State to carry out investment projects must meet the following conditions:
+ Deposit or other forms of guarantee as prescribed by law on investment.
+ Have financial capacity to ensure land use according to the progress of the investment project and other conditions as prescribed by relevant laws.
+ Not violating the provisions of the law on land or violating the provisions of the law on land but having completed the decision or judgment that has come into legal effect of the competent authority at the time of requesting land allocation. Determining land users violating the provisions of the law on land applies to all land plots in use nationwide.
2. Cases of land allocation without land use fee collection
Pursuant to Article 118 of the 2024 Land Law, land allocation without land use fee collection is applicable in the following cases:
- Individuals directly engaged in agricultural production are allocated agricultural land within the limits prescribed in Article 176 of the 2024 Land Law.
- Land for construction of headquarters of agencies of the Communist Party of Vietnam, state agencies, the Vietnam Fatherland Front, socio-political organizations; socio-political-professional organizations, socio-professional organizations, social organizations, other organizations established in accordance with the provisions of law and assigned tasks and supported by the State with regular operating expenses; national defense and security land; land used for public purposes not for business purposes; land for cemeteries, funeral homes, crematoriums, and ash storage facilities not falling under the provisions of Clause 2, Article 119 of the 2024 Land Law; religious land for compensation in cases where the State reclaims religious land.
- People using special-use forest land, protective forest land, production forest land.
- Public service units use land to build public service facilities.
- Residential communities using agricultural land; religious organizations and affiliated religious organizations using land as prescribed in Clause 2, Article 213 of the 2024 Land Law.
- Agencies and organizations using land to implement investment projects to build public housing according to the provisions of the law on housing.
- Ethnic minorities are not individuals directly involved in agricultural production but are subject to land allocation without land use fees according to the policy prescribed in Article 16 of the 2024 Land Law.
- Organizations use land to build resettlement housing according to State projects.
- Land allocation prescribed in this Article shall be carried out in accordance with the provisions of Article 124 of the 2024 Land Law.
3. Cases of land allocation with land use fee collection
Pursuant to Article 119 of the 2024 Land Law, cases of land allocation with land use fee collection include:
- Individuals are assigned residential land.
- Economic organizations are allocated land to implement investment projects to build commercial housing, social housing, housing for the people's armed forces; investment projects to renovate and rebuild apartment buildings according to the provisions of the law on housing; implement cemetery infrastructure investment projects to transfer land use rights associated with infrastructure; build facilities to store ashes.
- Overseas Vietnamese people and foreign-invested economic organizations are allocated land to carry out commercial housing construction investment projects in accordance with the provisions of the law on housing; use land from receiving the transfer of real estate projects in accordance with the provisions of the law on real estate business in cases where the State allocates land with land use fees collected.
- Households, individuals, people of Vietnamese origin residing abroad, economic organizations, economic organizations with foreign investment capital are allocated land due to compensation in land when the State reclaims land according to the provisions of the 2024 Land Law.
- Land allocation as prescribed in this Article shall be carried out in accordance with the provisions of Articles 124, 125 and 126 of the 2024 Land Law.
