Headlines 25/04/2024 15:29 CH

Vietnam’s procedures for land allocation, land lease, and sea area assignment for sea encroachment

Tâm Như

On April 16, 2024, the Government of Vietnam promulgated Decree No. 42/2024/ND-CP on sea encroachment activities.

According to the Decree, land allocation, land lease, and sea area assignment shall be carried out as follows:

-  Regarding projects on investment in sea encroachment or projects having sea encroachment articles funded by public investment sources, land allocation or lease procedures shall comply with Clause 3 Article 68 of Decree No. 43/2014/ND-CP .

If projects on investment in sea encroachment or projects having sea encroachment articles for the development of land funds, after the completion of the sea encroachment and testing as per regulation, investors shall hand over all the encroached sea areas and construction works (if any) to competent state authorities for land allocation or lease to relevant organizations and individuals according to the land law.

-  Regarding projects on investment in sea encroachment or projects having sea encroachment articles funded by state capital other than public investments and projects using other capital sources, land allocation or lease procedures shall be as follows:

+ In case of allocating or leasing land through auctions for land use rights, comply with the procedures prescribed in Clause 5 Article 68 of Decree No. 43/2014/ND-CP and Clause 21 Article 1 of Decree No. 148/2020/ND-CP ;

+ In case of allocating or leasing land for cases subject to bidding for investor selection according to the bidding law or cases of investor approval according to Clause 3 Article 29 of the Law on Investment 2020, comply with the procedures prescribed in Clause 3 Article 68 of Decree No. 43/2014/ND-CP ;

+ In case of allocating or leasing land not through auctions for land use rights, comply with the procedures prescribed in Clause 3 Article 68 of Decree No. 43/2014/ND-CP .

- Investors of projects on investment in sea encroachment or investment projects having sea encroachment articles shall enclose the mentioned projects approved by competent state authorities with their applications for land allocation, land lease, or sea area assignment.

Provincial People’s Committees shall decide on land allocation or land leases simultaneously as the assignment of sea areas for sea encroachment. Investors of projects on investment in sea encroachment or investment projects having sea encroachment articles are exempted from paying fees for the use of sea areas for sea encroachment.

- Applications for land allocation or land lease at the same time as the assignment of sea areas for sea encroachment; decisions on land allocation while assigning sea areas for sea encroachment; decisions on land lease while assigning sea areas for sea encroachment shall following Forms No. 01, 02, and 03 enclosed with Decree No. 42/2024/ND-CP .

- The time for determining that the land user must put the land into use shall be from the date of the notification of approval for the testing results for all or parts of the areas that have completed the sea encroachment according to the progress of the project on investment in sea encroachment or sea encroachment articles in the investment project.

See more details in Decree No. 42/2024/ND-CP of Vietnam, effective as of April 16, 2024

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