03 things you should know about land for aquaculture in Vietnam

03 things you should know about land for aquaculture in Vietnam (Internet image)

1. What is the kind of land for aquaculture?

According to Appendix 01 issued together with Circular 27/2018/TT-BTNMT, land for aquaculture is land used exclusively for the purpose of raising and cultivating brackish water, salt water and fresh water.

Clause 1, Article 10 of the Land Law 2013 stipulates agricultural land, including:

- Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;

- Land for cultivation of perennial trees;

- Land for production forests;

- Land for protection forests;

- Land for special-use forests;

- Land for aquaculture;

- Land for salt production;

- Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law;

Land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

From the above regulations, the land for aquaculture belongs to the type of agricultural land.

2. Is it possible to change land use purpose of land for aquaculture in Vietnam?

According to Clause 1, Article 57 of the Land Law 2013, cases in which change of land use purpose requires permission by competent state agencies:

- Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;

- Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;

- Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;

- Change of agricultural land to non-agricultural land;

- Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;

- Change of non-agricultural land which is not residential land to residential land;

- Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-commercial facilities to land for non-agricultural production establishments.

Thus, because aquaculture land belongs to agricultural land, it falls into in the case of changing the land use purpose from agricultural land to non-agricultural land according to regulations.

3. Allocation quotas for agricultural land in Vietnam

According to Article 129 of the Land Law 2013, the allocation quotas for agricultural land in Vietnam are as follows:

(1) The allocation quotas for land for annual crops, aquaculture and salt production for each household or individual directly engaged in agricultural production are prescribed as follows:

- Not exceeding 3 hectares for each type of land in provinces and centrally run cities in the southeast region and Mekong Delta region;

- Not exceeding 2 hectares for each type of land in other provinces and centrally run cities.

(2) In case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculture and land for salt production, the total quota for all categories must not exceed 5 hectares.

(3) The allocation quota for empty land, land for bare hill or land with water surface under the type of unused land to households or individuals for the purpose of agriculture, aquaculture or salt production in accordance with land use master plan must not exceed the quotas prescribed in (1), and such quotas shall not be included in the allocation quotas of agricultural land to households or individuals as prescribed in (1).

Provincial-level People’s Committees shall prescribe the allocation quotas of empty land, land for bare hill and land with surface water in the type of unused land to households or individuals for use in accordance with land use master plans and plans which have been approved by competent state agencies.

(4) The allocation quotas of agricultural land for annual crops, perennial crops, afforestation, aquaculture or salt production in the buffer zone of a special-use forest for each household or individual must comply with (1), (2) and (3).

(5) Households and individuals may continue using the land area which is located in a commune, ward or township other than where they have permanent residence status books. If that land is allocated without land use levy, its area shall be included in the allocation quota for agricultural land of the households or individuals

The land administration agency that allocates agricultural land without land use levy to households or individuals shall send a notice to the commune-level People’s Committee of the locality where the households or individuals have permanent residence status books for its calculation of allocation quotas of agricultural land.

(6) The area of agricultural land of households or individuals, which is acquired through the transfer, lease, sublease, inheritance or donation of land use rights, the receipt of land use rights contributed as capital or is contracted from other subjects or leased from the State, is not included in the allocation quota of agricultural land as prescribed.

Quoc Dat

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