What is the limit for allocating land for perennial crops in the delta in Vietnam?
What is the limit for allocating land for perennial crops in the delta in Vietnam?
Pursuant to Article 176 of the Land Law 2024 on the land allocation limits for agricultural land:
Article 176. Land Allocation Limits for Agricultural Land
- The land allocation limit for annual crops, aquaculture land, salt production land for individuals directly engaged in agricultural production is regulated as follows:
a) No more than 03 hectares for each type of land in provinces, centrally governed cities in the Southeast and the Mekong Delta;
b) No more than 02 hectares for each type of land in other provinces, centrally governed cities.
- The land allocation limit for perennial crops for individuals is no more than 10 hectares for communes, wards, commune-level towns in the delta; no more than 30 hectares for communes, wards, commune-level towns in midland and mountainous areas.
- The land allocation limit for individuals is no more than 30 hectares for each type of land:
a) Protective forest land;
b) Production forest land which is planted forest.
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According to the above regulation, the land allocation limit for perennial crops for individuals is no more than 10 hectares for communes, wards, commune-level towns in the delta.
What is the limit for allocating land for perennial crops in the delta in Vietnam? (Image from Internet)
How long can land for perennial crops in Vietnam remain unused before it is revoked?
Pursuant to Article 81 of the Land Law 2024 regulating cases of land retrieval due to violations of land laws:
Article 81. Cases of Land Retrieval Due to Violations of Land Laws
- Using land for purposes other than those assigned, leased, or recognized by the State, and having received administrative sanctions for improper land use but continuing to violate.
- Land users destroy the land and have been administratively sanctioned for land destruction behaviors but continue to violate.
- Land is allocated, leased not to the appropriate subjects or without the proper authority.
- Land received through transfer, gift from persons allocated or leased land by the State who are not allowed to transfer or gift according to this Law.
- Land allocated by the State for management but encroached upon or occupied.
- Land users do not fulfill financial obligations to the State.
- Annual crop land, aquaculture land not used for 12 consecutive months, perennial crop land not used for 18 consecutive months, forest planting land not used for 24 consecutive months and have been administratively sanctioned without putting the land to use within the time recorded in the administrative sanction decision;
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According to the above regulation, perennial crop land not used for 18 consecutive months and having received administrative sanctions without utilizing the land by the deadline stated in the administrative sanction decision will be retrieved due to violations of land laws.
What is the type of land for perennial crops in Vietnam?
Based on Article 9 of the Land Law 2024 defining land classifications:
Article 9. Land Classification
- Based on usage purposes, land is classified into agricultural land, non-agricultural land, unused land categories.
- The agricultural land category includes the following types of land:
a) Annual crop land, including rice cultivation land and other annual crop land;
b) Perennial crop land;
c) Forestry land, including special-use forest land, protective forest land, production forest land;
d) Aquaculture land;
đ) Intensive livestock farming land;
e) Salt production land;
g) Other agricultural land.
- The non-agricultural land category includes the following types of land:
a) Residential land, including homestead land in rural areas and homestead land in urban areas;
b) Office construction land;
c) Land used for national defense and security purposes (hereinafter referred to as defense, security land);
d) Land for construction of public service facilities, including: land for culture, society, health, education and training, physical training and sports, science and technology, environment, hydrometeorology, diplomacy, and other public service works or office land for other public service providers;
dd) Non-agricultural production and business land, including: industrial zone land, industrial cluster land; commercial land; non-agricultural production establishment land; land used for mineral activities;
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Therefore, perennial crop land belongs to the agricultural land category. Perennial crop land is used for planting crops that are sown once, grow for many years, and provide harvests one or multiple times.
