Illustration photo. (Source: Internet)

Land allocation and lease for small, narrow, and interspersed plots of land managed by the State

According to the Decree, small, narrow, and interspersed plots of land managed by the State that are allocated or leased land under this regulation must meet the following criteria:

1- Belonging to the land fund recovered according to the decision of the competent state agency, land not yet assigned, land not yet leased or land under management as prescribed in Point d, Clause 1 and Clause 2, Article 7 of the Land Law;

2- Not meeting the conditions and minimum area for land division according to regulations of the Provincial People's Committee;

3- In accordance with the district-level land use planning or general planning or zoning planning approved according to the provisions of law on urban planning or detailed urban construction planning, rural residential area construction planning, new rural commune construction planning approved by competent authorities;

4- Not located in the land area for implementing projects and works identified in the land use planning and plans approved and publicly announced by competent authorities;

5- Land planned for allocation or lease has no disputes, complaints or violations, or has disputes, complaints or violations but has been resolved in writing according to the provisions of law.

Principles of land allocation and lease for small, narrow, and interspersed plots of land

The Decree clearly states that priority is given to using small, narrow, and interspersed plots of land managed by the State for public purposes. In cases where they cannot be used for public purposes, land will be allocated with land use fees and leased to adjacent land users.

In case a land plot has two or more adjacent land users who need to use a small, narrow, and interspersed plot, the competent authority on land allocation and land lease shall decide based on the planning and actual land use conditions of the adjacent land users.

Land allocation and leasing for small, narrow plots of land located adjacent to adjacent land users is carried out after the People's Committees at all levels have organized a review, made public announcements and collected opinions from people where the land is located.

Land allocation and lease for small, narrow, and interspersed plots of land is based on the land allocation and lease application of adjacent users and must be carried out publicly, transparently and democratically.

After being allocated or leased land by the State, adjacent land users must carry out land plot consolidation procedures according to regulations.

Ensure rights to adjacent land plots according to the provisions of land law and civil law; no land disputes or complaints arise.

Land use term

The Decree clearly states that the land use term when the State allocates or leases small, narrow, and interspersed plots of land to adjacent land users is determined in accordance with the land use term of the plot of land that the adjacent land user is using. In the case of allocating or leasing small, narrow plots of land associated with the change of land use purpose of the plot of land adjacent to the small, narrow, interspersed plot of land, the land use term is determined according to the provisions of Articles 171 and 172 of the Land Law.

Provincial People's Committees shall specify the review, public announcement, and listing of small, narrow, and interspersed land plots and the allocation and lease of land for small, narrow, and interspersed land plots in the locality.