On January 18, 2024, the National Assembly passed the Land Law 2024 including 16 chapters with 260 articles, fully grasping and institutionalizing in the spirit of Resolution No. 18-NQ/TW dated June 16, 2022 of the The 5th Conference of the Party Central Committee, term XIII. Most of the contents of the Land Law 2024 will take effect from January 1, 2025. However, some provisions will take effect from April 1, 2024.
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Photo 1: Regulations of the Land Law that take effect from April 1, 2024_Hotline: 097 211 8764
Specifically, in the 2024 Land Law on enforcement, Article 190 and Article 248 of this Law take effect from April 1, 2024, regulations on sea reclamation activities and amendments supplementing a number of articles of the Forestry Law.
Accordingly, the new regulations on sea reclamation activities have some outstanding contents as follows:
(1) The State encourages organizations and individuals to use capital, techniques and technology to carry out sea reclamation activities; have support and incentive policies for investors carrying out sea reclamation activities according to the provisions of law;
(2) Sea reclamation activities must comply with the following principles:
- Ensuring national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which Vietnam is a member;
- Based on a full assessment of the economy, society, and environment, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change and sea water offer;
- In accordance with provincial planning or district land use planning or construction planning or urban planning;
- Exploit and effectively use marine resources; ensure harmony of interests of organizations and individuals carrying out sea reclamation activities and other related organizations and individuals; ensure people and communities' right to access the sea;
- Sea reclamation activities must be established as an investment project or item of an investment project according to the provisions of law.
(3) Sea reclamation activities with an area in one of the following areas can only be carried out when the National Assembly and the Prime Minister approve and decide on the investment policy:
- Protected areas of historical - cultural relics and scenic spots recognized according to the provisions of law on cultural heritage;
- Natural heritage according to the provisions of law on environmental protection;
- National parks, nature reserves, species and habitat conservation areas, landscape protection areas, and important wetlands have been announced in accordance with the law on biodiversity and the law on biodiversity and forestry;
- Marine conservation areas, aquatic resource protection areas, fishing ports, storm shelter anchorages for fishing vessels according to the provisions of law on fisheries;
- Seaport area, water area in front of wharf, ship turning area, anchorage area, transshipment area, storm shelter area, pilot reception area, quarantine area, navigational channel, water area for construction of auxiliary works Other assistance as prescribed by maritime law;
- River mouths and areas have been planned and used for defense and security purposes.
(4) The sea area determined to carry out sea reclamation activities in the approved land use planning and the investment project has been approved by a competent state agency and decided on investment policy, then the management and use of sea areas to carry out sea reclamation activities as for land on land;
(5) The allocation of sea areas to carry out sea reclamation activities is carried out simultaneously with the allocation of land and land lease to carry out investment projects.
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In addition to the above regulations, regulations on amending and supplementing a number of articles of the Forestry Law will also take effect from April 1, 2024. Specifically, the revised content includes:
- Principles of forest allocation, forest lease, conversion of forest use to other purposes, and forest recovery;
- Basis for forest allocation, forest lease, and conversion of forest use to other purposes;
- Regulations on forest allocation;
- Conditions for converting forests to other purposes;
- Authority to decide on policies to change forest use purposes to other purposes;
- Authority to allocate forests, lease forests, change forest use purposes to other purposes, and recover forests;
- Scientific research, teaching, internship, eco-tourism, resort and entertainment activities in special-use forests;
- Scientific research, teaching, internship, ecotourism, resort and entertainment activities in protective forests;
- Combined forestry, agriculture and fishery production, scientific research, teaching, internship, eco-tourism business, resort and entertainment in production forests.
Thus, regulations on sea reclamation activities and regulations amending some contents of the Forestry Law in the Land Law 2024 will take effect from April 1, 2024.
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