The subjects and quota for acquisition of agricultural land use rights to be expanded in accordance with specific conditions of each locality in Vietnam?
- The subjects and quota for acquisition of agricultural land use rights to be expanded in accordance with specific conditions of each locality in Vietnam?
- What are the regulations on quota for acquisition of agricultural land use rights in Vietnam by households and individuals?
- What are the quotas for acquisition of agricultural land use rights in Vietnam of households and individuals?
The subjects and quota for acquisition of agricultural land use rights to be expanded in accordance with specific conditions of each locality in Vietnam?
In subsection 2, Section IV of Resolution 18-NQ/TW in 2022, directing on perfecting mechanisms and policies on management and use of agricultural land, issued by the Central Committee as follows:
- Expand the subjects and quotas for receiving agricultural land use right transfer in accordance with the characteristics and conditions of each region and locality, with the change of occupations, jobs and labor in rural areas.
- Create favorable conditions for agricultural land users to change the purpose of production of crops and livestock, improve the efficiency of agricultural land use according to the planning.
- Strengthen the management of soil quality, overcome the soil degradation and deterioration.
- Develop regulations on banks for leasing agricultural land
- Develop appropriate mechanisms and policies; organize the expropriation of land for agricultural and forestry purposes to allocate and lease land according to regulations which are suitable to the conditions of each locality or region.
- Issue appropriate policies to prioritize land allocation to ethnic minorities who lack productive land, along with effective mechanisms to prevent people from transferring land after being allocated land.
The subjects and quota for acquisition of agricultural land use rights to be expanded in accordance with specific conditions of each locality in Vietnam?
What are the regulations on quota for acquisition of agricultural land use rights in Vietnam by households and individuals?
According to Article 130 of the 2013 Land Law:
"Article 130. Quota for acquisition of agricultural land use rights by households and individuals
1. The quota for acquisition of land use rights by households or individuals must not exceed 10 times of the allocation quota for agricultural land for households or individuals applicable to each type of land prescribed in Clauses 1, 2 and 3, Article 129 of this Law.
2. The Government shall prescribe quotas for acquisition of land use rights of households and individuals in accordance with specific conditions of each locality and in each period."
What are the quotas for acquisition of agricultural land use rights in Vietnam of households and individuals?
According to Article 44 of Decree 43/2014/ND-CP guiding the implementation of the Land Law, the quotas for acquisition of agricultural land use rights of households and individuals are as follows:
Quotas for acquisition of land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production for each household or individual for agricultural purposes are applicable to the cases of transfer or acquisition of land use rights or debt handling as agreed in land use rights mortgage contracts, specifically as follows:
- Land for cultivation of annual crops, land for aquaculture or land for salt production:
+ Not exceeding 30 ha for each type of land, for provinces and centrally run cities in the southeastern region and the Mekong delta region;
+ Not exceeding 20 ha for each type of land, for remaining provinces and centrally run cities.
- Land for cultivation of perennial trees:
+ Not exceeding 100 ha, for delta communes, wards and townships;
+ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.
- Land for planted production forests:
+ Not exceeding 150 ha, for delta communes, wards and townships;
+ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.
- In case a household or an individual acquires agricultural land use rights in more than one province or centrally run city, the total area eligible for acquisition within quota for each type of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture or land for salt production) equals the quota eligible for acquisition of land use rights in the province or centrally run city in which the highest quota eligible for acquisition of land use rights is applicable.
- In case a household or an individual acquires agricultural land use rights of different types of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production), the quota for acquisition of agricultural land use rights for this household or individual shall be determined for each type of land as prescribed in Clauses 1,2 and 3 of this Article.
- Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of this Article and had registered to transfer land use rights before July 1, 2007, may continue using the over-quota land areas like agricultural land within the quotas eligible for acquisition.
- Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of this Article and had registered to transfer land use rights between July 1, 2007, and before July 1, 2014, may continue using such land and shall shift to lease land from the State only for the over-quota land areas.
Thus, according to the Resolution, the Central Executive Committee directs to expand the subjects and limits for receiving agricultural land use rights transfer in Vietnam accordance with specific conditions of each locality, with the change of employment and labor in rural areas.
LawNet
