HOUSEHOLDS WILL NOT BE ISSUED THE LAND CERTIFICATE FROM 2025
I. Legal Basis
Land Law 2024;
Land Law 2013.
The new land regulations for 2025 have introduced significant changes, one of the key points being that households will no longer be allocated land. This regulation aims to create more transparency in land transactions while reducing disputes related to land use rights.
II. Definition of Household Land Users
A household land user refers to individuals who have marital, blood, or caregiving relationships as defined by the law on marriage and family, who live together, and who hold joint land use rights at the time the State allocates land, leases land, recognizes land use rights, or transfers land use rights.
III. Reasons for the Exclusion of Household Land Allocation Starting in 2025
Under the 2013 Land Law, land users included households. However, the 2024 Land Law has changed this:
- First, household land users are those who have marital, blood, or caregiving relationships as per the marriage and family law, living together, and holding joint land use rights at the time the State allocates, leases, recognizes, or transfers land use rights before the 2024 Land Law takes effect (January 1, 2025).
- Second, Article 4 of the 2024 Land Law no longer includes “Household” as a land user, as previously outlined in the 2013 Land Law (which defined land users as individuals and households to whom the State allocated, leased, recognized land use rights, or transferred land use rights).
Therefore, after the 2024 Land Law comes into effect, households will no longer be allocated or leased land.
IV. How Will the Land Use Rights Granted to Households Before the 2024 Land Law Be Handled?
Land use rights granted to households before January 1, 2025, will be handled as follows:
- Households that have been granted land use rights before the 2024 Land Law takes effect will participate in land-related legal relationships as a group of land users according to the provisions of Article 27 of the 2024 Land Law.
- Households that have been allocated, leased, or had their land use rights recognized by the State before the 2024 Land Law comes into effect will continue to exercise their rights and obligations as individual land users.
- When a competent authority allocates or leases land to a household to implement an approved compensation, support, and resettlement plan, the individual members of the household with land use rights must be specifically listed in the land allocation or lease decision.
- Households granted land use rights before the 2024 Land Law, whether free or subject to land use fees, will continue to use the land for the remaining duration of the land use period. Once the land use period expires, it will be extended in the form of land allocation or leasing to the individual members of the household as prescribed.
In cases where the land use rights certificate, housing ownership certificate, or other certificates related to land rights were issued to a household representative before the 2024 Land Law, if the members share land use rights and wish to, they can exchange it for a certificate of land use rights and ownership of assets attached to the land, listing the names of all the members with joint land use rights. The identification of the members with shared land use rights for the certificate will be based on mutual agreement, and the members will be legally responsible for this agreement.
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