What do other agricultural lands include? Does converting agricultural land into non-agricultural land require permission from competent authority in Vietnam?
What do other agricultural lands include?
Based on Clause 7, Article 4 of Decree 102/2024/ND-CP, other agricultural lands include the following types of land:
- Land for the cultivation of seedlings, breeding animals, and land for growing flowers and ornamental plants; land for cultivating, raising livestock, aquaculture for study purposes, experimental research, or practice.
- Land for the construction of greenhouses and other buildings serving the purpose of farming, livestock raising including forms of farming, livestock raising not directly on the land.
- Land for the construction of structures attached to agricultural production areas, including land for building rest houses, shacks, camps to serve workers; land for the construction of structures to store agricultural products, pesticides, fertilizers, machinery, tools, and other auxiliary constructions.
What do other agricultural lands include? Does converting agricultural land into non-agricultural land require permission from competent authority in Vietnam? (Image from the Internet)
Do individuals using agricultural land receive recompense upon land expropriation by the State in Vietnam?
Based on Article 96 of the Land Law 2024 which stipulates compensation for land when the State rexpropriates agricultural land from households, individuals:
Article 96. Compensation for land when the State rexpropriates agricultural land from households, individuals
- Households and individuals using agricultural land, when the State rexpropriates the land, if they meet the conditions for compensation as specified in Article 95 of this Law, they will receive compensation in the form of agricultural land or in cash or in land with a different use purpose than the recovered land or with housing.
- Households and individuals using agricultural land when the State rexpropriates the land will be compensated for agricultural land as follows:
a) The compensated agricultural land area includes the area within the limit specified in Articles 176 and 177 of this Law and the area of land received through inheritance;
b) For agricultural land areas received through land use rights transfer exceeding the limit before July 1, 2014, compensation and support will be implemented according to the regulations of the Government of Vietnam.
- For agricultural land used before July 1, 2004, where the land user is a household, individual directly producing agriculture but does not meet the conditions to be granted a Certificate of land use rights, ownership of assets attached to the land according to the provisions of this Law, compensation will be implemented according to the regulations of the Government of Vietnam.
Therefore, individuals using agricultural land when the State rexpropriates the land, if they meet the conditions for compensation, will be compensated in the form of agricultural land, in cash, in land with a different use purpose than the recovered land, or with housing.
Does converting agricultural land into non-agricultural land require permission from competent authority in Vietnam?
Based on Article 121 of the Land Law 2024 which stipulates the land repurposing:
Article 121. Land repurposing
- Cases of converting land use purposes that must be permitted by the competent state authority include:
a) Converting rice cultivation land, special-use forest land, protective forest land, production forest land to another type within the agricultural land group;
b) Converting agricultural land to non-agricultural land;
c) Converting other types of land to centralized livestock land when implementing large-scale centralized livestock projects;
d) Converting non-agricultural land allocated by the State without land levy collection to another non-agricultural land for which the State collects land levy or leases the land;
dd) Converting non-agricultural land that is not homestead land to homestead land;
e) Converting land for the construction of career works, land used for public purposes with business purposes to production, non-agricultural business land;
g) Converting non-agricultural production, business land that is not commercial land to commercial land.
- When converting land use purposes as prescribed in Clause 1 of this Article, land users must fulfill financial obligations according to legal provisions; land use policies, rights, and obligations of land users shall apply according to the type of land after the conversion of use purposes.
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According to the above provisions, in cases where land users convert the use purpose of land from agricultural land to non-agricultural land, permission from competent state authorities is required.
