Guidelines on the Basis for Determining the Limit for Receiving Agricultural Land Use Rights Transfer by Individuals According to the Land Law 2024
Guidance on the Basis for Determining the Limit for Receiving Rights Transfer of Agricultural Land Use by Individuals under the 2024 Land Law
Article 177 of the 2024 Land Law provides the guidelines on the limit for receiving rights transfer of agricultural land use by individuals as follows:
Limit for Receiving Rights Transfer of Agricultural Land Use by Individuals
1. The limit for receiving rights transfer of agricultural land use by individuals does not exceed 15 times the limit for agricultural land allocation for individuals for each type of land specified in Clauses 1, 2, and 3 of Article 176 of this Law.
2. The determination of the limit for receiving rights transfer of agricultural land use stipulated in Clause 1 of this Article must be based on the following factors:
a) Land conditions and production technology;
b) Labor force movement, economic structure; urbanization process.
3. Provincial People's Committees, based on the provisions in Clauses 1 and 2 of this Article, stipulate the limit for receiving rights transfer of agricultural land use by individuals suitable to the specific conditions of the locality.
According to the above regulation, the determination of the limit for receiving rights transfer of agricultural land use stipulated in Clause 1, Article 177 of the 2024 Land Law must be based on the following factors:
- Land conditions and production technology.- Labor force movement, economic structure; urbanization process.
Guidance on the Basis for Determining the Limit for Receiving Rights Transfer of Agricultural Land Use by Individuals under the 2024 Land Law
What is the State Management Content of Land in the 2024 Land Law?
According to Article 20 of the 2024 Land Law, the content of state management on land is expected to include:
(1) Issuing and implementing legal documents on land management and use.
(2) Propagating, disseminating, educating, training, conducting scientific research, developing technology, and international cooperation in land management and use.
(3) Determining administrative boundaries, establishing, and managing administrative boundary records.
(4) Measuring, correcting, and mapping cadastral maps, current land use maps, land use planning maps, and specialized maps on land management and use.
(5) Surveying, evaluating, and protecting, rehabilitating land.
(6) Formulating, adjusting, and managing land use planning, plans.
(7) Allocating land, leasing land, reclaiming land, recognizing land use rights, requisitioning land, changing land use purposes.
(8) Investigating, building land price tables, specific land prices, managing land prices.
(9) Managing financial matters related to land.
(10) Compensating, assisting, resettling when reclaiming land, requisitioning land.
(11) Developing, managing, and exploiting land funds.
(12) Registering land, establishing, and managing cadastral records; issuing, correcting, revoking, canceling certificates.
(13) Inventorying, inspecting land.
(14) Building, managing, and exploiting the National Land Information System.
(15) Managing, supervising the implementation of land users' rights and obligations.
(16) Resolving land disputes; handling complaints and denunciations on land.
(17) Providing, managing public service activities related to land.
(18) Inspecting, examining, supervising, monitoring, evaluating the compliance with legal regulations on land, and handling violations of land laws.
When Will the 2024 Land Law Officially Take Effect: July 01, 2024, or August 01, 2024?
According to Article 252 of the 2024 Land Law, the 2024 Land Law will take effect from January 1, 2025. However, Articles 190 and 248 of the 2024 Land Law take effect from April 1, 2024.
On May 17, 2024, the Government of Vietnam issued Resolution 72/NQ-CP, 2024 to approve the proposal to draft a National Assembly resolution to amend and supplement Clause 1, Article 252 of the 2024 Land Law according to the proposal of the Ministry of Natural Resources and Environment.
Based on the proposal of the Ministry of Natural Resources and Environment, 2024 Land Law will take effect from July 1, 2024, instead of January 1, 2025, as previously stipulated in the Land Law. The purpose is to draft a National Assembly resolution to allow the 2024 Land Law to come into effect sooner, clearing land resource bottlenecks, promptly resolving and definitively addressing existing land issues.
However, on May 26, 2024, the Prime Minister of Vietnam issued Official Telegram 53/CD-TTg, 2024 as follows:
To promptly implement the new policies of the Land Law, Real Estate Business Law, Housing Law, Credit Institution Law in practice, creating new motivation for socio-economic development, creating a favorable investment environment for businesses and people, the Government of Vietnam has submitted to the Standing Committee of the National Assembly to supplement the draft resolution of the National Assembly to amend and supplement Clause 1, Article 252 of Land Law No. 31/2024/QH15; the draft resolution of the National Assembly to amend and supplement Clause 1, Article 197 of Housing Law No. 27/2023/QH15 and Clause 1, Article 82 of the Real Estate Business Law No. 29/2023/QH15 into the 2024 law and ordinance making program (submission No. 247/TTr-CP dated May 18, 2024).
To construct a full and synchronous legal corridor and promptly implement the Laws: Land, Housing, Real Estate Business, Credit Institutions once the National Assembly agrees to allow early effectiveness (expected from August 1, 2024) and to implement the conclusions of the Standing Committee of the Government of Vietnam at the meeting on May 25, 2024, Deputy Prime Minister of Vietnam Tran Hong Ha suggests:
...
The National Assembly has agreed to allow the 2024 Land Law to take early effect (expected from August 1, 2024).
*Note: This is only an expectation regarding the effective date of the 2024 Land Law. The official effective date of the 2024 Land Law will need to wait for the official issuance of the document by the competent state authority to know accurately.
LawNet