Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said - The current Land Law stipulates that agricultural land funds used for public purposes that have been established according to the provisions of the law on land through the periods will continue to be used to serve the public needs of the locality.
According to Clause 2, Article 179 of the 2024 Land Law, agricultural land funds are used for public purposes of communes, wards and towns for the following purposes:
(1) Construction of cultural, sports, entertainment, public health, education, markets, cemeteries and other public works invested, managed and used by the People's Committees at the commune level; construction of houses of gratitude, charity houses, solidarity houses;
(2) Compensation for people whose land is recovered when constructing works specified in:
According to the provisions of Clause 3, Article 179 of the 2024 Land Law, for land areas not used for purposes in (1) and (2) in the previous content, the People's Committees at the commune level shall lease them to local individuals for agricultural production and aquaculture under the form of auction. The land use term for each lease shall not exceed 10 years.
Thus, public land that has not been used for purposes under (1) and (2) in the previous content is leased, however, only to individuals in the locality for agricultural production and aquaculture under the form of auction with the land use term for each lease not exceeding 10 years.
According to Lawyer Tran Tuan Anh, according to the provisions of Point a, Clause 1, Article 151 of the 2024 Land Law, land users are not granted a red book in cases where agricultural land is used for public purposes as prescribed in Article 179 of the 2024 Land Law.
