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The new Land Law will take effect in April 2024

2903-2024

The new Land Law will take effect in April 2024

Although the Land Law takes effect from January 1, 2025, two provisions will take effect from April 1, 2024. It includes sea reclamation activities, amendments, and Forestry Law No. 16/2017/QH14 supplements.

Clause 2, Article 252 of the Land Law 2024 states: Article 190 and Article 248 of this Law take effect from April 1, 2024.

Article 190 of the Land Law 2024 regulates sea reclamation activities. Accordingly, the State encourages organizations and individuals to use capital, techniques, and technology to carry out sea reclamation activities. They will have policies and incentives for investors to carry out sea reclamation activities according to the provisions of the Law.

Quy định của Luật Đất đai mới có hiệu lực từ tháng 4/2024- Ảnh 1. — Article 190 of the Land Law 2024 regulates sea reclamation activities and takes effect from April 1, 2024.

Sea reclamation activities must comply with national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea must be guaranteed; Activities must be by the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a member;

Sea reclamation activities are based on economic, social, and environmental assessments, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change, and the sea;

Sea reclamation activities need to be consistent with provincial planning, district land use planning, construction planning, or urban planning;

It is necessary to exploit and use marine resources effectively; ensure harmony of interests of organizations and individuals; ensure people and communities' right to access the sea;

Sea reclamation activities must be established as investment projects or items of investment projects according to the law.

Sea reclamation activities with an area in one of the following areas can only be carried out when approved by the National Assembly and the Prime Minister:

Historical-cultural relics and scenic spots are recognized according to the provisions of the law on cultural heritage; Natural heritage according to the provisions of the law on environmental protection;

National parks, nature reserves, species and habitat conservation areas, landscape protection areas, and important wetlands have been announced by the law on biodiversity and forestry.

Marine conservation areas, fisheries protection areas, ports, storm shelter anchorages for fishing vessels according to the provisions of law;

Port areas, anchorage areas, transshipment areas, storm shelters, pilot pick-up and drop-off areas, quarantine areas, maritime channels, and water areas for construction of other auxiliary works according to the provisions of maritime law; River mouths and areas have been planned and used for national defense and security.

The sea area for reclamation activities has been approved. The investment project has been approved by a competent state agency and has decided on investment policies to carry out sea reclamation activities for land on the mainland.

State management responsibilities are regulated as follows: The Ministry of Natural Resources and Environment helps the Government manage sea reclamation activities; inspect and examine sea reclamation activities and manage sea reclamation areas according to the provisions of law;

The Ministry and ministerial agency are responsible for managing and inspecting sea reclamation activities; promulgate, guide, inspect, technical regulations and economic-technical norms related to sea reclamation activities;

The Provincial People's Committee is responsible for managing, allocating, and leasing land to inspect and examine operations, management, and use in the area according to law.

The allocation of marine areas is carried out simultaneously with the allocation of land and land leases to implement investment projects.

Article 248 of the Land Law 2024 stipulates amendments and supplements to some articles of the Law on Forestry No. 16/2017/QH14, which has been amended and supplemented by Law No. 16/2023/QH15 regarding: It is based on forest, forest lease, Land-use Change; Conditions Land-use Change...

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