Quotas for acquisition of agricultural land use rights of households and individuals in Vietnam

Quotas for acquisition of agricultural land use rights of households and individuals in Vietnam (Internet image)

1. What does agricultural land consist of?

According to Clause 1, Article 10 of the Land Law 2013, agricultural land in Vietnam include:

- 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.

2. Quotas for acquisition of agricultural land use rights of households and individuals in Vietnam

Quotas for acquisition of land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production for each household or individual for agricultural purposes in Vietnam are applicable to the cases of transfer or acquisition of land use rights or debt handling as agreed in land use rights mortgage contracts, specifically as follows:

- Land for cultivation of annual crops, land for aquaculture or land for salt production:

+ Not exceeding 30 ha for each type of land, for provinces and centrally run cities in the southeastern region and the Mekong delta region;

+ Not exceeding 20 ha for each type of land, for remaining provinces and centrally run cities.

- Land for cultivation of perennial trees:

+ Not exceeding 100 ha, for delta communes, wards and townships;

+ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.

- Land for planted production forests:

+ Not exceeding 150 ha, for delta communes, wards and townships;

+ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.

- In case a household or an individual acquires agricultural land use rights in more than one province or centrally run city, the total area eligible for acquisition within quota for each type of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture or land for salt production) equals the quota eligible for acquisition of land use rights in the province or centrally run city in which the highest quota eligible for acquisition of land use rights is applicable.

- In case a household or an individual acquires agricultural land use rights of different types of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production), the quota for acquisition of agricultural land use rights for this household or individual shall be determined for each type of land as prescribed in Clauses 1,2 and 3 of Article 44 of Decree 43/2014/ND-CP.

- Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of Article 44 of Decree 43/2014/ND-CP and had registered to transfer land use rights before July 1, 2007, may continue using the over-quota land areas like agricultural land within the quotas eligible for acquisition.

- Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of Article 44 of Decree 43/2014/ND-CP and had registered to transfer land use rights between July 1, 2007, and before July 1, 2014, may continue using such land and shall shift to lease land from the State only for the over-quota land areas.

(Article 44 of Decree 43/2014/ND-CP)

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE