What is land for cultivation of perennial trees? What are the procedures for confirmation of continued use of land for cultivation of perennial trees in Vietnam? - Minh Thu (Vinh Long)
Article table of contents
Procedures for confirmation of continued use of land for cultivation of perennial trees in Vietnam (Source: Internet)
1. What is land for cultivation of perennial trees?
In Appendix 1 issued together with Circular 27/2018/TT-BTNMT, land for cultivation of perennial trees is land used for the purpose of growing plants that are planted once, grown and harvested for many years according to regulations prescribed in Joint Circular 22/2016/TTLT-BNNPTNT-BTNMT, including:
- Perennial industrial plant: A perennial plant for products used as raw materials for industrial production or that must be processed to be used, such as rubber trees, cocoa, coffee, tea, cashews, pepper, etc., coconut,...
- Perennial fruit trees: Perennial fruit trees for products that are fruits for eating fresh or in combination with processing, such as pomelo, orange, rambutan, plum, apricot, mangosteen, longan, durian, litchi, mango, etc.;
- Perennial medicinal plant is a perennial plant for medicinal products such as anise, cinnamon, bean curd, camphor, ginseng, etc.;
- Other perennial plants are perennial trees for timber, shade, and landscaping (such as cypress, eucalyptus, mother of pearl, acacia, milkweed, hibiscus, sesame buds, etc.), including the case of mixed planting of many different types of perennial plants or the intermingling of perennials and annuals.
In the event that the land for planting perennial crops is combined with aquaculture and providing services, in addition to making statistics for the purpose of growing perennial crops, additional statistics must also be made for other purposes such as aquaculture, production, and non-agricultural business (in the case of simultaneous use for both other purposes, statistics shall be based on both purposes).
In addition, according to Clause 1, Article 10 of the Land Law 2013 on classification of land, land for cultivation of perennial trees belongs to the group of agricultural land
2. Land used for limited term of planting perennial crops for households and individuals in Vietnam
2.1. Case in which land used for limited term of perennial crops is 50 years in Vietnam
According to Clause 1, Article 126 of the Land Law 2013, the term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 2 of Article 129 of Land Law 2013 is 50 years.
- The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares;
- Must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township.
- If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commune, ward or township.
When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term as prescribed.
From the above regulations, for households and individuals using land for planting perennial crops and having land allocated or recognized by the State with land use rights with the prescribed limit, the land use term is 50 years.
Upon the expiration of the term, they may continue to use the land according to the prescribed time limit if there is a need.
2.2. Case in which land used for limited term of perennial crops is no more than 50 years in Vietnam
According to Clause 2, Article 126 of the Land Law 2013, the term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.
Thus, for households and individuals that use land for planting perennial crops that are leased by the State, the term of use shall not exceed 50 years and the State will consider continuing to lease the land if there is a need.
3. Procedures for extension of land use term; certification of continued use of agricultural land of households and individuals upon expiration of the land use term in Vietnam
Procedures for extension and certification of continued use of land for growing perennial crops for households and individuals according to Article 74 of Decree 43/2014/ND-CP are as follows:
(1) Households and individuals directly engaged in agricultural production that are using agricultural land allocated, or with land use rights recognized, by the State, or acquired through transfer, may continue to use such land according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law 2013 upon the expiration of the land use term without having to register the adjustment of the land use term.
(2) A household or an individual specified in item (1) that wishes to have the land use term re-certified in the certificate shall comply with the following order and procedures:
- The land user shall submit a dossier of request for re-certification of land use term;
- The commune-level People’s Committee of the place where the land is located shall check the dossier and give certification that the household or individual is directly using land for agricultural production and there is no land recovery decision of a competent state agency, and send the dossier to the land registration office;
- The land registration office shall check the dossier; certify the duration for continued land use according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law 2013 in the granted certificate;
Adjust and update the change in the cadastral records and land database, and hand over the certificate to the land user or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.
Quoc Dat
