Vietnam: An individual using agricultural land allocated by the State is only permitted to exchange rights to use agricultural land within the which level of administrative division to another individual according to Article 47 of the 2024's Land Law?
Vietnam: An individual using agricultural land allocated by the State is only permitted to exchange rights to use agricultural land within the which level of administrative division to another individual according to Article 47 of the 2024's Land Law?
Article 47 of the Land Law 2024 provides conditions for the transfer of agricultural land use rights as follows:
Conditions for the transfer of agricultural land use rights
Individuals using agricultural land allocated by the State, through exchange, transfer, inheritance, donation of lawful land use rights from others are only allowed to transfer agricultural land use rights within the same provincial-level administrative unit to other individuals and are not required to pay income tax from the transfer of land use rights and registration fees.
According to the above regulation, Article 47 of the Land Law 2024 stipulates that individuals using agricultural land allocated by the State, through exchange, transfer, inheritance, donation of lawful land use rights from others are only allowed to transfer agricultural land use rights within the same provincial-level administrative unit to other individuals.
Additionally, no income tax is required from the transfer of land use rights and no registration fees are required according to the law.
Vietnam: An individual using agricultural land allocated by the State is only permitted to exchange rights to use agricultural land within the which level of administrative division to another individual according to Article 47 of the 2024's Land Law? (Internet image)
What are the current regulations on land use term of agricultural land when the State allocates, leases out land in Vietnam?
According to points a, b Clause 1; Clause 2, Article 172 of the Land Law 2024, the land use term of agricultural land when the State allocates, leases out land in Vietnam is regulated as follows:
Except for the cases specified in Article 171 of the Land Law 2024, the duration of land use when the State allocates, leases land, or recognizes agricultural land use rights is regulated as follows:
- The duration of land allocation, recognition of agricultural land use rights for individuals directly engaged in agricultural production using annual crop land, aquaculture land, salt production land, perennial crop land, production forest land that is planted within the limit specified in Article 176 of the Land Law 2024 is 50 years. When the land use term expires, the use of the land can continue according to the term specified in this point without having to re-apply for an extension;
- The duration of agricultural land lease for individuals is not more than 50 years. When the lease term expires, if the individual has a need, the State shall consider continuing to lease the land, but not for more than 50 years.
The term for land allocation and leasing of agricultural land is calculated from the date of the decision on land allocation and leasing by the competent state agency.
Who are considered individual directly engaged in agriculture as specified in the Land Law 2024 of Vietnam?
Clause 6, Article 3 of the Land Law 2024 stipulates that individuals directly engaged in agriculture are as follows:
Definitions
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Individuals directly engaged in agricultural production are those who have been allocated land, leased land, recognized agricultural land use rights by the State; receive transfer of agricultural land use rights and have income from agricultural production on that land according to the regulations of the Government of Vietnam.
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In addition, Article 3 of Decree 102/2024/ND-CP also stipulates individuals directly engaged in agricultural production in Vietnam as follows:
Individuals directly engaged in agricultural production
Individuals directly engaged in agricultural production are those who have been allocated land, leased land, recognized agricultural land use rights by the State; receive transfer of agricultural land use rights and have income from agricultural production on that land, except for the following cases:
1. Officials and public employees, on-duty officers, professional soldiers, national defense officials, defense workers and public employees, officers, non-commissioned officers, police workers, persons working in cipher organizations and other persons working in cipher organizations receiving salaries from the state budget;
2. Retirees;
3. Persons on disability pensions or those no longer working and receiving social insurance allowances monthly;
4. Employees with indefinite-term labor contracts.
The Land Law 2024 stipulates that individuals directly using agricultural land are those who have been allocated land, leased land, recognized agricultural land use rights by the State; receive transfer of agricultural land use rights and have income from agricultural production on that land according to the regulations of the Government of Vietnam.
In addition, Article 3 of Decree 102/2024/ND-CP stipulates individuals directly using agricultural land in Vietnam include:
(1) Officials and public employees, on-duty officers, professional soldiers, national defense officials, defense workers and public employees, officers, non-commissioned officers, police workers, persons working in cipher organizations and other persons working in cipher organizations receiving salaries from the state budget.
(2) Retirees.
(3) Persons on disability pensions or those no longer working and receiving social insurance allowances monthly.
(4) Employees with indefinite-term labor contracts.
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