According to the Law on Land in 2024, which subjects are eligible for allocation of production forest land without land levy collection by the State of Vietnam?

According to the Law on Land in 2024, which subjects are eligible for allocation of production forest land without land levy collection by the State of Vietnam?

Pursuant to Clause 1 Article 184 of the Law on Land in 2024 (effective from 01/01/2025):

Production forest land

1. The State shall allocate production forest land without land levy collection to the following subjects:

a) Individuals directly engaged in agriculture who permanently reside in third-level administrative divisions to which planted production forest land belongs, provided the area of land to be allocated is within the land allocation limit specified in point b, clause 3, Article 176 of this Law; the part of ​​planted production forest land that exceeds the land allocation limit will be put up for lease;

b) Populations in third-level administrative divisions to which production forest land belongs that have the need and ability to protect and develop forests;

c) Units of the people's armed forces located in third-level administrative divisions to which production forest land belongs that have the need and ability to protect and develop forests;

d) Dedicated forest management boards and protection forest management boards in terms of the area of production forest land interspersed with dedicated forest land or protection forest land.

2. Business organizations and enterprises affiliated to the people’s armed forces and individuals may lease production forest land from the State according to regulations of this Law.

3. People who are leased out natural production forest land are not permitted to convey, sublease, mortgage LURs and rights to lease land in land lease contracts with annual land rent payments or contribute LURs/rights to lease as capital.

4. The entities specified in clause 1 and clause 2 of this Article are allowed to build infrastructure works serving forest protection and development in accordance with forestry laws.

5. Foreign-invested business organizations may lease production forest land from the State for carrying out production forest planting projects.

As regulated above, the State shall allocate production forest land without land levy collection to the following subjects:

- Individuals directly engaged in agriculture who permanently reside in third-level administrative divisions to which planted production forest land belongs, provided the area of land to be allocated is no more than 30 hectares.

The part of ​​planted production forest land that exceeds the land allocation limit will be put up for lease;

- Populations in third-level administrative divisions to which production forest land belongs that have the need and ability to protect and develop forests;

- Units of the people's armed forces located in third-level administrative divisions to which production forest land belongs that have the need and ability to protect and develop forests;

- Dedicated forest management boards and protection forest management boards in terms of the area of production forest land interspersed with dedicated forest land or protection forest land.

According to the Law on Land in 2024, which subjects are eligible for allocation of production forest land without land levy collection by the State of Vietnam? - image from internet

What is the type of land of production forest land in Vietnam?

Pursuant to Clause 2.c Article 9 of the Law on Land in 2024 (effective from 01/01/2025):

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”);

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As regulated above, production forest land is a type of agricultural land.

Is it permissible to convert production forest land into land of another type included in the category of agricultural land in Vietnam?

Pursuant to Clause 1.a Article 121 of the Law on Land in 2024 (effective from 01/01/2025):

Land repurposing

1. Cases of land repurposing requiring permission of competent regulatory agencies include:

a) Rice cultivation land, dedicated forest land, protective forest land or production forest land is converted into land of another type included in the category of agricultural land;

b) Agricultural land is converted into non-agricultural land;

c) Land of other types is converted into land for intensive farming when carrying out large-scale intensive farming projects;

d) Non-agricultural land allocated by the State without land levy payment is converted into non-agricultural land of another type allocated by the State with land levy payment or leased out by the State;

dd) Non-agricultural land not used for the residential purpose is converted into homestead land;

e) Land for construction of public works or land used for both public and business purposes is converted into land used for non-agricultural business and production purposes;

g) Land used for non-agricultural business and production purposes not used for the commercial purpose is converted into commercial land.

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As regulated above, it is permissible to convert production forest land into land of another type included in the category of agricultural land in Vietnam if there is permission of competent regulatory agencies.

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