What is the time limit for land expropriation in case where a land user has not used perennial crop land in Vietnam?

What is the time limit for land expropriation in case where a land user has not used perennial crop land in Vietnam?

Pursuant to Clause 7 Article 81 of the Law on Land in 2024 stipulating cases of land expropriation due to violations against land law:

Cases of land expropriation due to violations against land law

1. A land user uses land for a purpose other than the intended purpose for which the State allocates, leases out the land or recognizes LURs of the land and has been penalized for unintended use of the land constituting an administrative violation but continues committing such violation again.

2. A land user destroys land and has been penalized for the land destruction constituting an administrative violation but continues committing such violation again.

3. Land is allocated or leased out to ineligible subjects or ultra vires.

4. Land is received by conveyance or donation from a person who is allocated or leased out the land by the State but the person is not permitted to convey or donate the land according to regulations of this Law.

5. Land is allocated by the State to manage but is trespassed or appropriated.

6. A land user fails perform financial obligations to the State.

7. A land user has not used annual crop land or land used for aquaculture for a period of 12 consecutive months; perennial crop land for a period of 18 consecutive months; forestry land for a period of 24 consecutive months and has been penalized for the disuse constituting an administrative violation but continues failing to use the land according to the period stated in the decision to impose penalty for the administrative violation;

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As regulated above, the perennial crop land of user, that has not been used for a period of 18 consecutive months and has been penalized for the disuse constituting an administrative violation but continues failing to use the land according to the period stated in the decision to impose penalty for the administrative violation, shall be expropriated by the State.

What is the time limit for land expropriation in case where a land user has not used perennial crop land in Vietnam? - image from internet

What is the type of land of perennial crop land in Vietnam?

Pursuant to Article 9 of the Law on Land in 2024 stipulating land classification:

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, perennial crop land is a type of agricultural land.

What are agricultural land allocation limits in Vietnam?

Pursuant to Clause 2 Article 176 of the Law on Land in 2024:

Agricultural land allocation limits

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:

a) 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;

b) 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:

a) Protective forest land;

b) 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.

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As regulated above, from 01/01/2025, the limit on allocation of perennial crop land to an individual shall be determined as follows:

- 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

- 05 hectares of land in communes, wards or commune-level towns in delta regions and 25 hectares of land in communes, wards or commune-level towns in midland and mountainous areas in case where they are allocated additional land for growing the perennial crop land.