2 new regulations of the 2024 Land Law take effect early today

Specifically, Clause 2, Article 252 of the 2024 Land Law clearly states: Articles 190 and 248 of this Law take effect from April 1, 2024.

Article 190 of the 2024 Land Law regulates sea encroachment activities.

Accordingly, the State encourages organizations and individuals to use capital, techniques and technology to carry out sea reclamation activities; and has policies to support and give incentives to investors carrying out sea reclamation activities in accordance with the provisions of law.

Sea encroachment 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 the Socialist Republic of Vietnam is a member;

Based on a full assessment of the economy, society, environment, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change and rising sea levels;

In accordance with provincial planning or district land use planning or construction planning or urban planning;

Exploit and use marine resources effectively; ensure harmony of interests between organizations and individuals carrying out sea reclamation activities and other relevant organizations and individuals; ensure the right of access to the sea for people and communities;

Sea encroachment activities must be established as investment projects or investment project items according to the provisions of law.

Reclamation activities involving an area in one of the following areas may only be carried out with the approval of the National Assembly or the Prime Minister and with an investment policy decision:

Areas for protection of historical and cultural relics and scenic spots recognized according to the provisions of the law on cultural heritage; Natural heritage according to the provisions of the law on environmental protection;

National parks, nature reserves, species-habitat conservation areas, landscape protection areas, and important wetlands have been announced in accordance with the provisions of the law on biodiversity and the law on forestry;

Marine reserves, aquatic resources protection areas, fishing ports, storm shelters for fishing vessels according to regulations of the law on fisheries;

Seaport area, water area in front of the wharf, ship turning area, anchorage area, transshipment area, storm shelter area, pilot boarding and disembarkation area, quarantine area, shipping channel, water area for construction of other auxiliary works according to regulations of maritime law; River mouths and areas planned and used for national defense and security purposes.

The sea area is determined to carry out sea reclamation activities in the approved land use planning and the investment project has been approved by the competent state agency, the investment policy decision shall be made, the management and use of the sea area to carry out sea reclamation activities shall be the same as for land on the mainland...

The Government shall detail this Article.

Article 248 of the 2024 Land Law stipulates amendments and supplements to a number of articles of the Forestry Law No. 16/2017/QH14, which has been amended and supplemented by a number of articles under Law No. 16/2023/QH15 on principles, bases for forest allocation, forest lease, and conversion of forest use to other purposes; Conditions for conversion of forest use to other purposes...