Some new regulations on land apply from August 15, 2025

Amending regulations on recording land use fees when granting certificates of land use rights and ownership of assets attached to land. (Photo: HNV)

Accordingly, the regulations related to: compensation for crops and livestock when land is recovered; amending regulations on recording land use fee debt when granting Certificates of land use rights and ownership of assets attached to land; conditions for consulting organizations to prepare provincial-level land use planning and plans, commune-level land use planning and plans; amending procedures for approving the conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes; appraisal and approval of land use rights auction plans...

Supplementing regulations on compensation for crops and livestock when the State acquires land

The Decree supplements Article 14a after Article 14 of Decree No. 88/2024/ND-CP dated July 15, 2024, regulating compensation, support, and resettlement when the State acquires land, which stipulates that in case of compensation for perennial trees that are the type that can be harvested multiple times as prescribed in Clause 2, Article 103 of the Land Law, if the yield of the garden that has not been harvested yet cannot be determined corresponding to the number of years remaining in the harvest cycle, the compensation level shall be calculated based on the actual damage value of the garden.

In case the Provincial People's Committee considers issuing the unit price for compensation for damage to crops and livestock as prescribed in Clause 6, Article 103 of the Land Law, but there is no production process for crops and livestock issued by a competent authority, it shall issue based on the actual situation of the locality.

Amending regulations on recording land use fees when granting Certificates of land use rights and ownership of assets attached to land

The Decree also amends and supplements a number of articles of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land survey; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System.

In particular, the Decree amends and supplements Point a and Point c, Clause 11, Article 18 of Decree No. 101/2024/ND-CP regulating the debt of land use fees when granting Certificates of land use rights and ownership of assets attached to land.

According to the new regulations: The subjects that are allowed to have their land use fees recorded in debt when issuing the Certificate of land use rights and ownership of assets attached to land for the first time are individuals and households that are using land and have a need to record their debt; The order and procedures for recording, paying, and clearing land use fees for households and individuals that are allowed to have their land use fees recorded in debt are implemented according to the provisions of law on land use fee and land rent collection.

The land use fee debt period of the subjects specified in Point a of this Clause shall be 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 outstanding land use fee before exercising these rights; in case of donation or inheritance of land use rights, the donee belonging to a poor household, near-poor household and the inheritor shall continue to be recorded in debt.

Regarding the amount and the period of debt, it is still implemented according to the provisions of Decree No. 101/2024/ND-CP. Specifically, the amount of land use fee to be debt in the case specified in Point a of this Clause is the total amount of land use fee payable at the time of issuance of the Certificate of land use rights and ownership of assets attached to the land.

The recording of land use fee debt for the subjects specified in Point a of this Clause shall be applied from August 1, 2024 to July 31, 2029. Payment and cancellation of land use fee debt shall be carried out in accordance with the provisions of law on land use fee collection and land rent.

Conditions for consulting organizations to prepare provincial-level land use planning and plans and commune-level land use planning and plans

At the same time, the Decree amended and supplemented a number of articles of Decree No. 102/2024/ND-CP dated July 30, 2024 detailing the implementation of a number of articles of the Land Law in the direction of amending and supplementing Article 23 on consulting on planning and land use plans at the provincial level, planning and land use plans at the commune level, including detailed regulations on the conditions of consulting organizations on planning and land use plans at the provincial level, planning and land use plans at the commune level.

The consultant in charge of planning and developing provincial land use plans must have a university degree or higher in a major related to land management and meet one of the prescribed conditions.

The consultant in charge of planning and land use plans at the commune level must have a university degree or higher in a major related to land management and meet one of the prescribed conditions.

The supplement also emphasizes that the selection of consulting organizations for planning and land use plans at the provincial level and planning and land use plans at the communal level shall be carried out in accordance with the provisions of the law on bidding, the law on assigning tasks, and ordering the provision of public products and services using the State budget.

Some new regulations on land apply from August 15, 2025

Amending procedures for approving the conversion of rice-growing land use to other purposes. (Photo: HNV)

Amending procedures for approving the conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes

In addition, the Decree also amends and supplements Article 50 of Decree No. 102/2024/ND-CP stipulating the order and procedures for approving the conversion of the purpose of using 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 Land Law with the provision: the competent land management agency at the commune level is responsible for synthesizing the needs and making a list of projects that must convert 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 prescribed in Clause 4, Article 67 of the Land Law.

The People's Committee at the commune level shall submit to the People's Committee at the provincial level for approval the list of projects that must change the purpose of land use with areas of rice-growing land, special-use forest land, protective forest land, and production forest land.

The provincial People's Committee has a document approving the list of projects that must change the purpose of land use with areas of rice fields, special-use forest land, protective forest land, and production forest land.

In case of changing 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 prescribed above.

Appraisal and approval of land use rights auction plan

The Decree also amends and supplements Article 55 of Decree No. 102/2024/ND-CP on auction of land use rights when the State allocates land with land use fee collection and leases land.

Specifically, Clause 4, Article 55 on appraisal and approval of land use rights auction plans is amended in the direction that in cases where land use rights auctions fall under the land allocation and lease authority of the Chairman of the People's Committee at the commune level, the agency with the function of land management at the commune level shall inspect and complete the dossier and submit it to the Chairman of the People's Committee at the commune level for approval of the land use rights auction plan.

In case the land use rights auction falls under the land allocation and lease authority of the Chairman of the Provincial People's Committee, the competent land management agency at the provincial level shall inspect and complete the dossier and submit it to the Chairman of the Provincial People's Committee for approval of the land use rights auction plan.

The following regulations cease to be effective from the effective date of Decree No. 226/2025/ND-CP: Decree No. 96/2019/ND-CP dated December 19, 2019 of the Government stipulating the land price framework; Decree No. 26/2021/ND-CP dated March 25, 2021 of the Government detailing a number of articles of Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly piloting a number of policies to remove difficulties and backlogs in the management and use of national defense and security land in combination with labor production and economic construction activities.

According to Nhan Dan Newspaper

Source: https://baothanhhoa.vn/mot-so-quy-dinh-moi-ve-dat-dai-nbsp-ap-dung-tu-ngay-15-8-2025-258410.htm