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

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

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

- 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 the Law on Land in 2024. 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 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.

* 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.

* The limit on land allocation of each following type to an individual shall be 30 hectares: Protective forest land; Planted production forest land.

- The determination of limit on receipt of LURs to agricultural land by disposition shall be based on the following factors:

+ Conditions related to land and production technology;

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

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

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

What is disposition of land-use right (LUR) according to the law in Vietnam?

Pursuant to Article 3 of the Law on Land in 2024 stipulating disposition of land-use right:

Definitions

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

...

9. “Land appropriation" means the use of land managed by the State without permission from a competent regulatory agency or the use of land of another legal land user without permission from such user.

10. "investor of a land-based investment project (hereinafter referred to as “investor”)” is the investor who, based on investment laws and relevant laws, has been designated to carry out the land-based investment project, is allocated or leased out land, is permitted to repurpose land according to regulations of this Law.

11. “land repurposing” means that a land user is permitted to change from one purpose to another under this Law.

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.

...

As regulated above, disposition of LUR means the transfer of land use rights from one person to another through following methods:

- Exchange of LUR;

- Conveyance of LUR;

- Inheritance of LUR;

- Donation of of LUR;

- Capital contribution with LUR.

Is it permissible for the receiver of LURs to the land for which the term is long and stable through disposition to use such land stably for a long term in Vietnam?

Pursuant to Article 174 of the Law on Land in 2024 stipulating land use term upon receiving LURs by disposition:

Land use term upon receiving LURs by disposition

1. The land use term upon receiving LURs to the land for which the term is limited by disposition shall be the remaining term of the land use term prescribed before receiving LURs by disposition. The land use extension shall comply with clause 3 Article 172 of this Law.

In case of receiving LURs to agricultural land within the land allocation limit of an individual directly engaged in agriculture by disposition or receiving LURs according to the debt settlement clause in a mortgage agreement, judgment or decision of a Court, or judgment of a judgment enforcement agency which has been enforced, the land user may continue using the land according to the term specified in Article 172 of this Law and is not required to follow extension procedures when the land use term expires.

2. The receiver of LURs to the land for which the term is long and stable through disposition is permitted to use such land stably for a long term.

As regulated above, the receiver of LURs to the land for which the term is long and stable through disposition is permitted to use such land stably for a long term.

Best regards!