Vietnam's Land Law 2013 explains, "Household or individual directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agricultural land, or having agricultural land use rights recognized by the State; or has acquired agricultural land use rights, and generates stable income from agricultural production on that land."
Accordingly, in Article 3 of Circular 33/2017/TT-BTNMT dated September 29, 2017, regulations on the recognition of Household or individual directly engaged in agricultural production are as follows:
- Allocate agricultural land to households and individuals according to the regulations of Article 54 of the Land Law of Vietnam;
- Register to receive transfer or donation of rice land use rights of households and individuals;
- Recognize agricultural land use rights for households and individuals;
- Recover agricultural land from households and individuals that need to determine the beneficiaries of compensation and support.
- Currently using agricultural land allocated, leased or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, or capital contribution with land use rights; using agricultural land that has not been recognized by the State;
- Not subject to regular salary; the subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances;
- Having a regular source of income from agricultural production on the currently used land area specified at Point a of this Clause, even if there is no regular income due to natural disasters, environmental disasters, or fires; pandemic;
- In case of allocating agricultural land to an individual according to the provisions of Article 54 of the Land Law, registering to receive the transfer or donation of the individual's rice land use right, only the regulations of Point b, Clause 2 Article of Circular 33/2017/TT-BTNMT shall be applied.
- Currently using agricultural land allocated, leased or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, or capital contribution with land use rights; using agricultural land that has not been recognized by the State;
- At least one member of the household is not eligible for a regular salary; subjects who have retired, lost working capacity, or quit their jobs are eligible for social allowances.
- Having a regular source of income from agricultural production on the currently used land area specified at Point a of this Clause, even if there is no regular income due to natural disasters, environmental disasters, fires, or pandemic;
- In case of allocating agricultural land to households according to the provisions of Article 54 of the Land Law, registration for transfer or donation of rice land use rights of households, only the provisions of Point b, Clause 3, Article of Circular 33/2017/TT-BTNMT shall be applied.
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