What are regulations on agricultural land allocation limits in Vietnam? What is the the term of agricultural land lease for an individual in Vietnam?

What are regulations on agricultural land allocation limits in Vietnam?

Pursuant to Article 176 of the Law on Land in 2024 stipulating agricultural land allocation limits in Vietnam:

1. 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 03 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 02 hectares of land of each type in other provinces and central-affiliated cities.

2. The limit on allocation of perennial crop land to an individual shall be 10 hectares of land in communes, wards or commune-level towns in delta regions; 30 hectares of land in communes, wards or commune-level towns in midland and mountainous areas.

3. The limit on land allocation of each following type to an individual shall be 30 hectares:

- Protective forest land;

- Planted production forest land.

4. In case an individual is allocated many types of land including land for annual production, land used for aquaculture and/or land for salt production, the total land allocation limit shall be 05 hectares;

In case they are allocated additional land for growing perennial crops, the perennial crop land allocation limit shall be 05 hectares of land in communes, wards or commune-level towns in delta regions, and shall be 25 hectares of land in communes, wards or commune-level towns in midland and mountainous areas;

In case they are allocated additional planted production forest land, the production forest land allocation limit shall be 25 hectares.

5. The allocation of unused land to an individual for being come into use according to planning for agricultural production, forestry production, aquaculture or salt production must not exceed the land allocation limit specified in (1), (2) and (3), and the unused land will not be included in the agricultural land allocation limit of an individual.

The People’s Committee of the first-level administrative division shall stipulate the limit on allocation of unused land to the individual for being come into use according to the land use planning or plan that has been approved by a competent authority.

What are regulations on agricultural land allocation limits in Vietnam? What is the the term of agricultural land lease for an individual in Vietnam? - image from internet

Is it necessary to obtain permission of competent regulatory agencies when converting agricultural land to non-agricultural land in Vietnam?

Pursuant to Article 121 of the Law on Land in 2024 stipulating land repurposing:

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 necessary to obtain permission of competent regulatory agencies when converting agricultural land to non-agricultural land in Vietnam.

What is the the term of agricultural land lease for an individual in Vietnam?

Pursuant to Article 172 of the Law on Land in 2024 stipulating limited use of land:

Limited use of land

1. Except for the cases specified in Article 171 of this Law, the land use term when the State allocates, leases out land or recognizes LURs shall be provided for as follows:

a) The term of land allocation or recognition of LURs to agricultural land for an individual who is directly engaged in agriculture and use land for annual production, land used for aquaculture, land for salt production, perennial crop land or planted production forest land within the limit specified in Article 176 of this Law shall be 50 years. When the land use term expires, the individual may use their land continuously according to the term specified in this point and is not required to follow extension procedures;

b) The term of agricultural land lease for an individual shall be 50 years. When the land use term expires, the individual may be considered by the State to renew the land lease for no more than 50 years if they have a wish;

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2. The term of land allocation or land lease specified in this Article begins from the issuance date of the land allocation/land lease decision of a competent regulatory agency;

As regulated above, the term of agricultural land lease for an individual shall be 50 years. When the land use term expires, the individual may be considered by the State to renew the land lease for no more than 50 years if they have a wish.

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