Nowadays, the demand for using land for farming to serve production and processing activities is increasing. So what is the law on farmland? Can farm land in Vietnam be granted a certificate of land use right? How does the state regulate land used for farming? Let’s find out the legal regulations on these matters with Lawyer X in the article below. Hope this article brings many useful things to readers.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
- Circular 33/2017/TT-BTNMT
What is farmland?
Currently, the Land Law and other legal documents do not specifically define farmland, but farmland can be understood as including types of agricultural land used for agricultural and forestry production. agriculture, aquaculture, salt making or food production, food…
According to the provisions of Point h, Clause 1, Article 10 of the 2013 Land Law, farmland is classified as agricultural land:
“Other agricultural land includes land used for the construction of greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for growing flowers and ornamental plants;
Regulations on land used for farm economy
According to the provisions of Article 142 of the Land Law 2013 as follows: The State encourages the farm economic form of households and individuals in order to effectively exploit land for production development, scale expansion and enhancement of production. improve the efficiency of land use in agricultural production, forestry, aquaculture, salt making in association with services, processing and consumption of agricultural products.
Form of use of farmland
According to the provisions of Article 142 of the Land Law 2013, the use of farm economic land is in the following form:
- Land allocated by the State without land use levy within the land allocation limit to households and individuals directly engaged in agricultural production, forestry, aquaculture and salt production as prescribed in Article 129 of this Law;
- Land leased by the State;
- Land is leased, transferred, inherited, or donated;
- Land contracted by the organization;
- Land contributed by households and individuals.
Some regulations related to farmland
Households and individuals using land for farm economy may change the purpose of using different types of land according to the provisions of law.
Households and individuals that are using land for farming in accordance with master plans and plans on land use approved by competent state agencies, without disputes, may continue to use land according to regulations. The following:
- In case the land is allocated without collection of land use levy within the limit to households or individuals directly engaged in agricultural, forestry, aquaculture or salt production as prescribed in Clause 1, Article 54 of the Land Law, may continue to use it according to the provisions of Clause 1, Article 126 of the Land Law;
- In case the land is allocated without collection of land use levy to households or individuals that do not directly engage in agricultural, forestry, aquaculture or salt production, upon the expiration of the allocated time limit, they must switch to renting land;
- In case of using land that is leased, transferred, inherited, donated or contracted by an organization by the State; contributed as capital by households or individuals may continue to use them according to the provisions of the Land Law.
It is strictly forbidden to take advantage of the farm economy to occupy and accumulate land for non-production purposes.
Households and individuals directly engaged in agricultural production
*According to Clause 2, Article 3 of Circular 33/2017/TT-BTNMT, the identification of individuals directly engaged in agricultural production is based on the following bases:
- Currently using agricultural land allocated, leased or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, receipt of capital contribution with land use rights; are using agricultural land that has not been recognized by the State;
- Not subject to regular salary; the subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances;
– Having a regular income from agricultural production on the currently used land area specified at Point a, Clause 2, Article 3 of Circular 33/2017/TT-BTNMT, even if there is no regular income due to due to natural disasters, environmental disasters, fires, epidemics;
– In case of allocating agricultural land to an individual according to the provisions of Article 54 of the Land Law, registering to receive the transfer or donation of the individual’s rice land use right, only the provisions of Point b, Clause 2 of this Article shall apply. 3 Circular 33/2017/TT-BTNMT.
*Based on determining households directly engaged in agricultural production
According to the provisions of Clause 3, Article 3 of Circular 33/2017/TT-BTNMT, the identification of households directly engaged in agricultural production is based on the following bases:
– Currently using agricultural land allocated, leased or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, receipt of capital contribution with land use rights; are using agricultural land that has not been recognized by the State;
– There is at least one member of the household who is not eligible for regular salary; the subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances;
Having a regular income from agricultural production on the currently used land area specified at Point a, Clause 3, Article 3 of Circular 33/2017/TT-BTNMT, even if there is no regular income due to due to natural disasters, environmental disasters, fires, epidemics;
In case of allocating agricultural land to households according to the provisions of Article 54 of the Land Law, registering to receive the transfer or donation of the household’s rice land use right, only the basis specified in Point b Clause 2 of this Article shall apply. 3 Article 3 Circular 33/2017/TT-BTNMT.
Households and individuals directly engaged in agricultural production must be certified by the commune-level People’s Committee as prescribed in Clause 4, Article 3 of Circular 33/2017/TT-BTNMT.
Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Can farm land in Vietnam be granted a certificate of land use right?
According to the provisions of Clause 16, Article 3 of the Land Law 2013: Red book or pink book, also known as Certificate of land use rights, ownership of houses and properties attached to land is a legal deed issued by the State. for land users to certify the lawful land use rights and ownership of houses and other land-attached assets of the person having land use rights, house ownership and other property-attached rights. with land.
Land users are entitled to use land through land allocation, land lease or recognition of land use rights by the State, inheritance, donation, transfer, etc. in accordance with current law. However, in some cases specified in Article 19 of Decree No. 43/2014/ND-CP, the land user/land plot is not granted a Certificate. As follows:
First, land user is an organization or community that is allocated land by the State for management in the cases specified in Article 8 of the 2013 Land Law (land allocated by the State for management).
Second, agricultural land belongs to the public land fund of communes, wards and townships
Land users who are managing, renting, using agricultural land … in the public land fund of communes, wards or townships are also not eligible for the Certificate.
Third, do not grant the Certificate to the lessee or sub-lease the land of the land user (except for the case where these people lease or sub-lease the land of the investor in the construction and business of infrastructure in the industrial park, industrial clusters, export processing zones, high-tech zones, economic zones);
Fourthly, do not issue certificates to people who contracted land in agricultural farms, forestry farms, agricultural and forestry enterprises, protection forest management boards, and special-use forest management boards;
Fifth, current land users who are not eligible for a Certificate of land use rights, ownership of houses and other land-attached assets will not be granted a Certificate;
Sixth, do not issue a Certificate to land users who are eligible for a Certificate but have received a notice or decision on land recovery from a competent State agency (for example, a notice/decision on land acquisition). land for defense and security purposes…);
Seventh, not to issue certificates to land users being organizations or commune-level People’s Committees that are allocated land by the State without land use levy to use it for one of the following purposes:
- Purpose of construction of public works (public works include roads, works for water, petrol, oil and gas pipelines);
- Or power transmission lines, information transmission;
- Or outdoor entertainment area;
- Or cemeteries, graveyards not for business purposes.
Thus, the law stipulates that the above 7 cases will not be granted a red book.
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Frequently asked questions
According to regulations: If the land is public land of the commune, you will be leased by the commune for a term of 5 years. If the land is not for public use in the commune, you will be leased by the People’s Committee of the district where the land is located for a term of 50 years; if it is land with a useful life of 50 years or more.
Case 1: Having papers on land use rights and not having to pay land use fees
In this case, when carrying out procedures for granting a land use right certificate, the following amounts must be paid:
Registration fee:
Registration fee = 0.5% of land use right value;
For example: A land plot is eligible for a Red Book, the price of the land plot according to the land price list issued by the provincial People’s Committee is VND 2 billion. When making a Red Book, the registration fee to be paid is 10 million VND.
Certificate issuance fee (collectively referred to as Red Book issuance fee – see details in each province in Section II).
Case 2: Having a land use right document when making a Red Book may have to pay land use levy
Registration fee:
Registration fee = 0.5% of land use right value.
– Red Book issuance fee;
Land use fee (if not yet paid).
Conclusion: So the above is Can farm land in Vietnam be granted a certificate of land use right?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
