Criteria and conditions for repurposing rice cultivation land in Vietnam

Criteria and conditions for repurposing rice cultivation land in Vietnam (Image from the Internet)

1. What is rice cultivation land?

According to Point a, Clause 1, Article 4 of Decree 102/2024/ND-CP, rice cultivation land refers to land used for cultivating at least one rice crop or used for rice farming in combination with other lawful land uses with rice cultivation being the primary use. Rice cultivation land includes specialized rice cultivating land and remaining rice cultivation land, whereby specialized rice cultivating land refers to land used for at least two rice crops or more.

2. Criteria and conditions for repurposing rice cultivation land in Vietnam

As stated in Article 46 of Decree 102/2024/ND-CP, the criteria and conditions for repurposing rice cultivation land, protection forest land, special-use forest land, and production forest land in Vietnam are as follows:

- For converting the purpose of 02 hectares or more of rice cultivation land, protection forest land, special-use forest land, or production forest land, the criteria and conditions include:

+ Having a forest replacement planting plan or a document confirming the fulfillment of obligations to pay for forest replacement planting as prescribed by forestry law;

+ Having a plan for using the topsoil layer as prescribed by cropping law;

+ Conducting an initial environmental impact assessment or environmental impact assessment according to environmental protection law.

- The provincial-level People's Committee shall, based on the actual situation of the locality, prescribe specific criteria and conditions for converting the use of rice cultivation land, protection forest land, special-use forest land, and production forest land to other purposes to ensure efficient and economical land use while meeting food security and environmental protection requirements within the province, for cases not governed by Clause 1, Article 46 of Decree 102/2024/ND-CP.

3. Regulations on rice cultivation land in Vietnam

Regulations on rice cultivation land in Vietnam according to Article 182 of the Land Law 2024 are as follows:

- Rice cultivation land includes specialized rice cultivation land and the remaining rice cultivation land. Specialized rice cultivating land is used for at least two rice crops or more.

- The State has policies to support, invest in infrastructure construction, and apply modern science and technology to high-yield and quality rice cultivation areas; protect rice cultivation land, and limit the conversion of rice cultivation land to non-agricultural purposes.

- Users of rice cultivation land are responsible for improving the soil's fertility; it is not allowed to convert to other uses without the permission of a competent state authority.

- Individuals granted land use rights or leasing the land by the State for non-agricultural purposes from specialized rice cultivation land must comply with the following:

+ Have a plan for using the topsoil layer according to cropping law;

+ Pay an amount prescribed by law for the State to compensate for the loss of specialized rice cultivation land or to enhance the efficiency of rice cultivation land use, except for projects using public investment capital or state capital outside public investment as prescribed by public investment law and construction law;

+ Comply with environmental protection regulations; not affect the cultivation of adjacent rice cultivation land areas.

- Users of rice cultivation land may convert the crop and livestock structure on rice cultivation land without losing the necessary conditions for rice replanting as prescribed by cropping law; they may use a portion of the land area to construct structures directly serving agricultural production.

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