Regulations on land used for farm economy in Vietnam

Regulations on land used for farm economy in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on land used for farm economy in Vietnam

Regulations on land used for farm economy according to Article 142 of the Land Law 2013 are as follows:

- The State shall encourage farm economy of households or individuals in order to use land efficiently for the development of production, expansion of the scale and enhancement of the efficiency of land use in agriculture, forestry, aquaculture or salt production, in association with services, processing and sale of agricultural products.

- Land used for farm economy includes the land allocated by the State without land use levy within land allocation quotas applicable to households and individuals that are directly engaged in agriculture, forestry, aquaculture or salt production as prescribed in Article 129 of the Land Law 2013, the land leased from the State, the land obtained via lease, transfer, inheritance and donation, the land contracted from organizations, and the land contributed by households or individuals.

- Households or individuals that are using land for farm economy may change the land use purposes in accordance with law.

- Households or individuals using land for farm economy in accordance with approved land use master plans and plans without any disputes, may continue using the land in accordance with the following provisions:

= If the land is allocated without land use levy and within the allocation quotas applicable to households or individuals directly engaged in agriculture, forestry, aquaculture or salt production as prescribed in Clause 1, Article 54 of the Land Law 2013, households or individuals may continue using the land under Clause 1, Article 126 of the Land Law 2013;

= If the land is allocated without land use levy to households or individuals not directly engaged in agriculture, forestry, aquaculture or salt production, at the expiry of the land use term, households or individuals shall change to lease land;

= If the land is leased from the State or transferred, inherited, donated or contracted from organizations or contributed by households or individuals, households or individuals may continue using the land in accordance with this Law.

- It is forbidden to take advantage of farm economy to occupy and accumulate land for non-production purposes.

2. Regulations on rural residential land in Vietnam

Regulations on rural residential lands according to Article 143 of the Land Law 2013 are as follows:

- Residential land used by households or individuals in rural areas includes land for construction of houses and facilities for livelihood, gardens and ponds within one land parcel in a rural residential area which is established in accordance with the land use master plan and the master plan for development of rural residential areas already approved by competent state agencies.

- Based on the local land fund and the rural development master plans approved by competent state agencies, provincial-level People’s Committees shall determine the land allocation quota to each household or individual for housing construction in rural areas and the minimum area for the division of a residential land parcel in accordance with local conditions and customs.

- The allocation of residential land in rural areas indicated in the land use master plans and plans must be in synchrony with the master plan for public facilities and public non-business facilities, ensuring convenience for production, people’s life, environmental sanitation and rural modernization.

- The State shall adopt policies to create conditions for rural residents to have accommodation by making full use of the land in existing residential areas and to restrict the expansion of residential areas on agricultural land.

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