According to the Law on Land in 2024, what are regulations on the limits on receipt of land use rights (LURs) to agricultural land by disposition of individuals in Vietnam?

What are types of agricultural land in Vietnam?

Pursuant to Clause 2 Article 9 of the Law on Land in 2024 stipulating land classification:

Land classification

1. Depending on use purposes, land is classified into three main categories: agricultural land, non-agricultural land and vacant land.

2. The category of agricultural land is classified into the following sub-categories/types:

a) Land for annual production, including land for rice cultivation/ paddy cultivation and another annual crop land;

b) Perennial crop land;

c) Forestry land, including dedicated forest land, protective forest land, and production forest land;

d) Land for aquaculture;

dd) Land for intensive farming;

e) Land for salt production;

g) Other agricultural land.

3. The category of non-agricultural land includes:

a) Homestead land including rural homestead land and urban homestead land;

b) Land for construction of head offices/offices;

c) Land used for national defense and security purposes (hereinafter referred to “national defense land and security land”);

d) Land for construction of public works, including land for construction of cultural facilities, social facilities, health facilities, education and training institutes, physical training and sports centers, science and technology facilities, environmental facilities, hydro-meteorological centers, diplomacy centers and other public works or land for construction of head offices/offices of other public service providers;

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As regulated above, the category of agricultural land is classified into the following sub-categories/types:

- Land for annual production, including land for rice cultivation/ paddy cultivation and another annual crop land;

- Perennial crop land;

- Forestry land, including dedicated forest land, protective forest land, and production forest land;

- Land for aquaculture;

- Land for intensive farming;

- Land for salt production;

- Other agricultural land.

According to the Law on Land in 2024, what are regulations on the limits on receipt of land use rights (LURs) to agricultural land by disposition of individuals in Vietnam? - image from internet

According to the Law on Land in 2024, what are regulations on the limits on receipt of land use rights (LURs) to agricultural land by disposition of individuals in Vietnam?

Pursuant to Article 177 of the Law on Land in 2024 stipulating limits on receipt of LURs to agricultural land by disposition of individuals in Vietnam:

Limits on receipt of LURs to agricultural land by disposition of individuals

1. The limit on receipt of LURs to agricultural land by disposition of an individual shall be 15 times of the agricultural land allocation limit of an individual in respect of each land type specified in clauses 1, 2, and 3 Article 176 of this Law.

2. The determination of limit on receipt of LURs to agricultural land by disposition specified in clause 1 of this Article shall be based on the following factors:

a) Conditions related to land and production technology;

b) Shifting of labor forces and economic structure; the process of urbanization.

3. The People’s Committees of first-level administrative divisions, based on the regulations in clause 1 and clause 2 of this Article, stipulate limits on receipt of LURs to agricultural land by disposition of individuals in accordance with specific conditions of their divisions.

As regulated above, the limit on receipt of LURs to agricultural land by disposition of an individual shall be 15 times of the agricultural land allocation limit of an individual in respect of each land type. To be specific:

- The limit on allocation of land for annual production, land used for aquaculture or land for salt production to an individual directly engaged in agriculture shall be as follows:

+ No more than 45 hectares of land of each type in provinces and central-affiliated cities belonging to the Southeast region and the Mekong Delta region;

+ No more than 30 hectares of land of each type in other provinces and central-affiliated cities.

- The limit on allocation of perennial crop land to an individual shall be as follows:

+ 150 hectares of land in communes, wards or commune-level towns in delta regions;

+ 450 hectares of land in communes, wards or commune-level towns in midland and mountainous areas.

- The limit on land allocation of protective forest land shall be 450 hectares;

- The limit on land allocation of planted production forest land land shall be 450 hectares;

What are methods of disposition of land-use right in Vietnam?

Pursuant to Clause 12 Article 3 of the Law on Land in 2024:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

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12. “disposition of land-use right" means the transfer of land use rights from one person to another through exchange, conveyance, inheritance, donation of land use rights, and capital contribution with land use rights.

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As regulated above, there are 05 methods of disposition of land-use right in Vietnam:

- Exchange of LURs

- Conveyance of LURS

- Inheritance of LURs

- Donation of LURts

- Capital contribution with LURs

Note: the Law on Land in 2024 takes effect from 01/01/2025, except Articles 190 and 248 of the Law on Land in 2024, which take effect from 01/4/2024.

Best regards!