Limits for receiving transfer of agricultural land use rights in Vietnam
Receiving land use right transfer means the establishment of land use rights due to the transfer of land use rights by another person through the form of exchange, transfer, inheritance, donation of land use rights or capital contribution with use rights. soil. In order to evenly distribute and control the area of agricultural land allowed to be used by land users, the law also stipulates very specifically on the limit for receiving the transfer of agricultural land use rights of households and individuals. LSX Lawfirm will give you an article about: “Limits for receiving transfer of agricultural land use rights in Vietnam”, as follows:
Legal grounds
– Law on Land No. 45/2013/QH13;
– Decree No. 43/2014/ND-CP Guiding the implementation of the Land Law;
– Decree No. 91/2019/ND-CP on administrative sanctions in the field of land.
Limits for receiving transfer of agricultural land use rights in Vietnam
Land quota can be understood as the maximum area of land that households and individuals are allowed to use on the basis of land allocated by the State; legally transferred from other people or due to reclaiming and reclamation.
Article 15 of the 2013 Land Law stipulates on land use quotas, including agricultural land allocation quotas; residential land allocation quotas, residential land use right recognition limits and agricultural land use right transfer quotas. Karma.
In which, the limit for receiving the transfer of agricultural land use rights is understood; as the limit on the maximum agricultural land area that households and individuals can receive through the transfer; or donation of land use rights, debt settlement according to the agreement in the mortgage contract of land use right.
Regulations on the limit for receiving the transfer of agricultural land use rights in Vietnam
In the case of agricultural land use due to the receipt of land use right transfer; according to the provisions of law, the area each household or individual can receive is limited to no more than 10 times the use limit for this type of agricultural land. respective occupations are received.
Article 44 of Decree 43/2014/ND-CP specifies the limits for each type of agricultural land as follows:
For annual crops, aquaculture and salt production
– Not more than 30 hectares for each type of land for the provinces and centrally-run cities in the Southeast region and the Mekong Delta region;
– Not more than 20 hectares for each type of land for the remaining provinces and centrally-run cities.
For land planted with perennial crops
Not exceeding 100 hectares for communes, wards and townships in the delta;
Not exceeding 300 hectares for communes, wards and townships in the midland and mountainous areas.
For planted production forest land:
Not exceeding 150 hectares for communes, wards and townships in the delta;
Not exceeding 300 hectares for communes, wards and townships in the midland and mountainous areas.
In case of receiving the transfer of agricultural land use right in the area of many provinces and centrally run cities
In this case, the total area to be transferred is within the limit for each type of land (land for planting annual crops; land for planting perennial crops, land for production forests being planted forests; land for aquaculture and land for salt production. ) is equal to the limit for receiving the transfer of LURCs in the province or city directly under the Central Government with the highest limit for receiving the transfer of LURCs.
You can refer to the article related to Regulations on apartment ownership or In case the company’s head office address is located in an apartment building in Vietnam
Related artice: Procedures for foreigners to buy apartments in Vietnam
Foreigners buy apartments of Vietnamese individuals
Transfer of investment projects associated with the transfer of land use rights in Vietnam
In case of receiving the transfer of agricultural land use right including many types of land
In the case of receiving a right of different types of land (land for planting annual crops; land for growing perennial crops, land for production forests being planted forests, land for aquaculture and land for salt production); the quota is determined by each type. land in accordance with the above provisions.
Note:
- For households and individuals that have used agricultural land in excess of the quota for receiving; the right to transfer under the above provisions; and have registered to transfer the land use right before July 1, 2007, the excess land area ; will be allowed to continue. continue to use the same as in the case of. agricultural land within the scope of transfer of rights.
- For households and individuals that have used agricultural land in excess of the limit for receiving; the right transfer according to the above regulations and have registered; to transfer the land use right from July 1, 2007 to before July 1, 2014. The individual may continue to use the land; and only have to switch to renting land from the State for the area exceeding the quota for receiving the right transfer.
What are the penalties for receiving the transfer of agricultural land use rights in excess of the limit?
According to Article 29 of Decree No. 91/2019/ND-CP, the act of receiving the transfer of agricultural land use rights in excess of the prescribed limit, the form and level of sanction are as follows:
| Area over limit | Penalty level | Remedial measures |
| Under 01 hectare | A warning or a fine of between VND 1,000,000 and 3,000,000 | Forcible return of the land area that has been transferred over the limit. In case it is not possible to return the transferred land, the State shall recover it according to the provisions of Point d, Clause 1, Article 64 of the Land Law. |
| From 01 hectare to 03 hectares | A fine ranging from VND 3,000,000 to VND 10,000,000 | Forcible return of the land area that has been transferred over the limit. In case it is not possible to return the transferred land, the State shall recover it according to the provisions of Point d, Clause 1, Article 64 of the Land Law. |
| From 03 hectares to 05 hectares | A fine ranging from VND 10,000,000 to VND 20,000,000 | Forcible return of the land area that has been transferred over the limit. In case it is not possible to return the transferred land, the State shall recover it according to the provisions of Point d, Clause 1, Article 64 of the Land Law. |
| Over 05 hectares | A fine ranging from VND 20,000,000 to VND 50,000,000 | Forcible return of the land area that has been transferred over the limit. In case it is not possible to return the transferred land, the State shall recover it according to the provisions of Point d, Clause 1, Article 64 of the Land Law. |
Related questions
The purpose is to make a place to live for people whose houses and land have been cleared. People choose one of the following two cases:
Receive compensation and move to another place
Moving into a resettlement area (a type of apartment building with basic services)
This is a type of apartment for people with low income. People who have been working for a long time but do not have enough money to buy a house have to rent a house to live in. In general, you will have to show low income to get into this type of housing.
Social housing is only granted a certificate of house ownership, lease and transfer after 5 years of receiving the house.
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