Regulations on allocation quotas for land for production forests in Vietnam

Regulations on allocation quotas for land for production forests in Vietnam (Internet image)

This problem, LawNet would like to answer as follows:

1. What is land for production forests?

According to point c, clause 1, Article 10 of the Land Law 2013, land for production forests is classified into agricultural land.

2. Regulations on allocation quotas for land for production forests in Vietnam

The allocation quotas for land for perennial crops for each household or individual must not exceed 10 hectares and must not exceed 30 hectare as prescribed at Point a, Clause 2, Article 129 of the Land Law 2013.

In addition, if the household or individual is additionally allocated with land for production forest, the land allocation quota for production forest must not exceed 25 hectares as prescribed in Clause 4, Article 129 of the Land Law 2013.

3. Quotas for acquisition of land for production forests use rights of households and individuals in Vietnam

Regulations on quotas for receiving the transfer of production forest land use rights of households and individuals according to Clauses 3, 4, 5, 6, 7 Article 44 of Decree 43/2014/ND-CP are as follows:

- 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 this Article 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.

4. Regulations on land with production forest in Vietnam

Land with production forest as prescribed in Article 135 of the Land Law 2013 is as follows:

- The State shall allocate land with production forest which is natural forest to the forest management organizations for management, protection and development.

- The State shall allocate or lease land with production forest which is planted forest according to the following provisions:

= Allocation of land to households and individuals directly engaged in agricultural production within the quotas prescribed at Point b, Clause 3, Article 129 of the Land Law 2013 for the purpose of forestry production.

The area of production forest used by households and individuals which exceeds the quotas must change to leased land;

= Lease of land to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement afforestation projects;

= Economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises which are allocated or leased land with production forest by the State as prescribed at Points a and b of Clause 2 of the Land Law 2013 may use the land not covered with forest for planting forest or perennial trees.

- Economic organizations, overseas Vietnamese or foreign-invested enterprises using land with production forest may concurrently provide landscape and eco-environmental tourist services using the space under the forest canopy.

- Concentrated land area with production forest which is far from residential areas and can not be allocated directly to households or individuals, shall be allocated by the State to organizations for protection and development of the forest combined with agricultural production, forestry or aquaculture.

Vo Van Hieu

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