Land Law 2024: Regulations on Conditions for Individuals Not Directly Engaged in Agricultural Production to Receive Transfer of Land Use Rights for Rice Cultivation Exceeding the Limit
Land Law 2024: Conditions for individuals not directly engaged in agricultural production to receive transfer of land use rights for rice cultivation exceeding the limit?
Individuals who are not directly engaged in agricultural production receiving transfer of land use rights for rice cultivation is one of the new provisions in Land Law 2024.
Under the Land Law 2013, individuals not directly engaged in agricultural production were not allowed to receive transfer of land use rights for rice cultivation land, specifically:
Based on Clause 3, Article 191 of the Land Law 2013, it is stipulated that cases where transfer, gifting of land use rights are not allowed:
Cases where transfer, gifting of land use rights are not allowed
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3. Households and individuals not directly engaged in agricultural production are not allowed to receive transfer or gift of land use rights for rice cultivation land.
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In Clause 8, Article 45 of the Land Law 2024, the provision that individuals not directly engaged in agricultural production are not allowed to receive transfer or gift of rice cultivation land use rights has been removed. Thus, from January 1, 2025, persons not directly engaged in agricultural production are allowed to receive transfer or gift of rice cultivation land use rights.
However, individuals not directly engaged in agricultural production receiving transfer of land use rights for rice cultivation exceeding the limit must meet certain conditions.
Specifically: in Clause 7, Article 45 of the Land Law 2024, it is stipulated:
Conditions for exercising rights of exchange, transfer, lease, sub-lease, inheritance, gift, mortgage of land use rights; capital contribution by land use rights; receiving transfer, gift of land use rights
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7. Individuals not directly engaged in agricultural production receiving transfer or gift of land use rights for rice cultivation land exceeding the limit specified in Article 176 of this Law must establish an economic organization and have a plan for the use of rice cultivation land including contents as prescribed in Clause 6 of this Article and be approved by the district-level People's Committee, except for cases where the recipient of the gift is an heir.
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Thus, individuals not directly engaged in agricultural production receiving transfer of land use rights for rice cultivation exceeding the limit must meet all the following conditions:
- Establish an economic organization
- Have a plan for using rice cultivation land including:
+ Location, area, purpose of land use;
+ Agricultural production, business plan;
+ Investment capital;
+ Duration of land use;
+ Land use progress.
- Approved by the district-level People's Committee.
Conditions for individuals not directly engaged in agricultural production to receive transfer of land use rights for rice cultivation exceeding the limit as regulated by Land Law 2024.
What are the official agricultural land allocation limits according to the Land Law 2024?
The official agricultural land allocation limits are specified in Article 176 of the Land Law 2024 for each specific type of land as follows:
Case 1
Limits for allocation of annual crop land, aquaculture land, and salt production land for individuals directly engaged in agricultural production are as follows:
- No more than 03 hectares for each type of land for provinces and centrally governed cities in the Southeast region and the Mekong Delta region;
- No more than 02 hectares for each type of land for other provinces and centrally governed cities.
Case 2
Limits for allocation of perennial crop land for individuals are not more than 10 hectares for communes, wards, and commune-level towns in the delta; not more than 30 hectares for communes, wards, and commune-level towns in the midland and mountainous regions.
Case 3
Limits for allocation of forest protection land, and production forest land for individuals are not more than 30 hectares for each type of land:
- Forest protection land;
- Production forest land as planted forest.
Case 4
If individuals are allocated multiple types of land among annual crop land, aquaculture land, and salt production land, the total allocation limit must not exceed 05 hectares; if additionally allocated perennial crop land, the perennial crop land limit must not exceed 05 hectares for communes, wards, commune-level towns in the delta, and not exceed 25 hectares for communes, wards, commune-level towns in the midland and mountainous regions; if additionally allocated production forest land as planted forest, the production forest land allocation limit must not exceed 25 hectares.
Unused land allocated to individuals for use according to the planning for agricultural, forestry, aquaculture production, and salt production is not to exceed the limits stated above and is not counted into the agricultural land allocation limit for individuals.
The provincial-level People's Committee prescribes the allocation limits for unused land for individuals to use according to the approved land use planning and plans.
Note the following cases regarding agricultural land allocation limits:
- For agricultural land areas that individuals are using outside the commune, ward, or commune-level town where they are registered for permanent residence, individuals may continue to use it. If it is land allocated without land levy, it is counted into the individual's agricultural land allocation limit.
The land management agency where the agricultural land was allocated without land levy for the individual sends a notice to the commune-level People's Committee where the individual is registered for permanent residence to count the agricultural land allocation limit.
- Agricultural land areas acquired by individuals through transfer, lease, sub-lease, inheritance, gift of land use rights, capital contribution by land use rights from others, contracts, leased by the State are not counted into the agricultural land allocation limit for individuals.
** When does the Land Law 2024 take effect?**
Based on the provisions of Article 252 of the Land Law 2024, the content is as follows:
Effectiveness
1. This Law takes effect from January 1, 2025, except for the cases specified in Clauses 2 and 3 of this Article.
2. Article 190 and Article 248 of this Law take effect from April 1, 2024.
3. The formulation and approval of land use planning continues to be implemented according to Resolution No. 61/2022/QH15 dated June 16, 2022, of the National Assembly on continuing to enhance the effectiveness and efficiency of implementing policies and laws on planning and some solutions to remove difficulties, accelerate the formulation and improve the quality of planning for the 2021 - 2030 period.
Clause 9, Article 60 of this Law takes effect from the expiration of Resolution No. 61/2022/QH15.
4. Land Law No. 45/2013/QH13 amended and supplemented by Law No. 35/2018/QH14 (hereinafter referred to as Law No. 45/2013/QH13) ceases to be effective from the effective date of this Law.
Thus, the Land Law 2024 will take effect from January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 take effect from April 1, 2024.
Recently, with the desire to bring the Land Law 2024 into application earlier than planned, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN proposing that the National Assembly allow the Land Law 2024 to take effect from July 1, 2024.
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