Land is an area of land with a specific boundary, location, area and relatively stable or variable but cyclical and predictable properties that affect land use in the future. present and future of natural, socio-economic factors such as: soil, climate, topography, geomorphology, geology, hydrology, vegetation, resident animals and production activities of People. Land limit is a term that refers to the limit of agricultural land that individuals and organizations are entitled to use for production. However, many people still do not understand the regulations related to this term. So about the matter “Handling overdue land under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is the due date?
Limited land is a term used from previous feudal dynasties to limit the landownership class from occupying a lot of land. In the legal document system of Vietnam, there is no specific definition of the term “land allocation limit”, this term is only mentioned in a few documents, most of the rest use terms such as: “land allocation limit.” ” or “limit for receiving transfer of agricultural land use right”.
The Land Law 2013 continues to use the terms “land allocation limit” and “limit for receiving transfer of agricultural land use rights”, but has more specific provisions on the case where the State recovers agricultural land from the land area. If the area exceeds the limit, they will only be compensated for the cost of investment in land, not for land. So how does the law handle land beyond the fill limit?
What is the regulation on filling limit?
To answer the question How to handle overdue land? Let’s find out Article 129 of the 2013 Land Law clearly stipulates the current limit of land, also known as agricultural land allocation limit:
Article 129. Agricultural land allocation quota
1. The quota for allocation of land for annual crops, aquaculture, and salt production to each household or individual directly engaged in agricultural production is as follows:
a) No more than 03 hectares for each type of land, for provinces and centrally-run cities in the Southeast region and the Mekong Delta region;
b) Not more than 02 hectares for each type of land for other provinces and centrally run cities.
2. The allocation limit of land for planting perennial crops to each household or individual shall not exceed 10 hectares for communes, wards and townships in the delta; no more than 30 hectares for communes, wards and townships in the midland and mountainous areas.
3. The land allocation quota for each household or individual must not exceed 30 hectares for each type of land:
a) Protection forest land;
b) Production forest land.
4. In case households and individuals are allocated many types of land including land for growing annual crops, land for aquaculture and land for salt production, the total land allocation quota must not exceed 05 hectares.
In case households and individuals are allocated additional land for planting perennial crops, the land limit for perennial crops shall not exceed 05 hectares for communes, wards and townships in the delta; no more than 25 hectares for communes, wards and townships in the midland and mountainous areas.
In case households and individuals are allocated additional production forest land, the allocation limit for production forest land must not exceed 25 hectares.
5. The quota for allocation of bare land, bare hills and land with water surface in the group of unused land to households and individuals and put into use according to the planning for agricultural production, forestry, aquaculture, salt production must not exceed the land allocation quota specified in Clauses 1, 2 and 3 of this Article and shall not be included in the quota of agricultural land allocation to households and individuals specified in Clauses 1, 2 and 3 of this Article.
Provincial-level People’s Committees shall prescribe quotas for allocation of bare land, bare hills and land with water surface in the group of unused land for households and individuals to put into use according to approved master plans and plans on land use. approved by the competent state agency.
6. The quota for allocation of agricultural land for planting annual crops, perennial crops, afforestation, aquaculture, and salt production in the buffer zone of special-use forests to each household or individual shall comply with the provisions of Article 1 of this Decree. Clauses 1, 2, 3, 4 and 5 of this Article.
7. For the agricultural land area of households and individuals currently using outside the commune, ward or township where their permanent residence is registered, the household or individual may continue to use it, if it is the land that is registered. Allotment without collection of land use levy shall be included in the agricultural land allocation quota of each household or individual.
The land management agency where agricultural land has been allocated without land use levy to households or individuals shall send a notice to the commune-level People’s Committee of the place where such household or individual has registered their permanent residence to agricultural land allocation limit.
8. Agricultural land area of households and individuals due to transfer, lease, sub-lease, inheritance, donation of land use rights, receipt of land use rights as capital contribution from others, contracting , is leased land by the State which is not included in the agricultural land allocation quota specified in this Article.
Handling overdue land under Vietnam law
The following are legal guidelines on handling land beyond the filling term: Compensation for land and remaining investment costs in land when the State recovers agricultural land from households and individuals is prescribed in Clause 2 of this Article. Article 77 of the Land Law 2013, specifically as follows:
1. Households and individuals that are using agricultural land when the State recovers the land shall be compensated for the remaining land and expenses for investment in land according to the following provisions:
a) The area of agricultural land to be compensated includes the area within the limits prescribed in Articles 129 and 130 of this Law and the land area inherited;
b) For an area of agricultural land exceeding the limit specified in Article 129 of this Law, compensation for the land shall not be paid but compensation for the remaining land investment costs;
c) For the agricultural land area due to land use right transfer in excess of the quota before the effective date of this Law, the compensation and support shall comply with the Government’s regulations.”
Clause 1, Article 4 of Decree 47/2014/ND-CP stipulates:
“first. Households and individuals that are using agricultural land in excess of the limit due to receiving the transfer of land use rights before July 1, 2014 due to inheritance, donation or transfer of land use rights from others according to regulations If they are eligible for compensation under the law, if they are eligible for compensation, they will receive compensation and support according to the actual area recovered by the State.
2. For households and individuals that are using agricultural land as prescribed in Clause 1 of this Article but do not have a certificate of land use right or are not eligible for a certificate of land use right. , ownership of houses and other land-attached assets according to the provisions of the Land Law shall be compensated only for the land area within the agricultural land allocation quota. For the agricultural land area in excess of the agricultural land allocation quota, no compensation will be given for the land but will be considered for support according to the provisions of Article 25 of this Decree.
Thus, based on the above provisions of law, the compensation for handling land exceeding the filling deadline upon recovery of agricultural land is determined in the following cases:
Case 1: the agricultural land area exceeds the quota due to the allocation and recognition of land use rights, and when recovered, they will not be compensated for the land but will be compensated for the remaining investment costs in the land.
Case 2: the area of agricultural land exceeding the limit for receiving land use right transfer due to inheritance, donation or receipt of land use right transfer from another person in accordance with the law, if eligible for compensation, be compensated and supported according to the actual area recovered by the State.
Case 3: The agricultural land area used due to being transferred, inherited, or given as a gift but without a certificate or ineligible for a certificate, shall only be compensated for land The land area within the quota, the excess land area is not compensated for land but is considered for support.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Handling overdue land under Vietnam law”
Contact LSX
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Handling overdue land under Vietnam law” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- Dividing land use rights after divorce in Vietnam
- The compensation for land for perennial crops is under Vietnam law
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
According to Decree 91/2019/ND-CP sanctioning administrative violations in the field of land, the act of receiving the transfer of agricultural land use rights in excess of the limit specified in Article 130 of the Land Law and Article 44 of the Decree No. 43/2014/ND-CP will be fined up to 50 million VND.
For households that are using transferred agricultural land without a Certificate, they will only be compensated for the allocated land within the agricultural land limit. For the agricultural area exceeding the quota, no compensation for land but support is provided in accordance with the following provisions in Article 25 of Decree 47/2014/ND-CP as follows:
In addition to supporting the provisions of Articles 19, 20, 21, 22, 23 and 24 of Decree 47/2014/ND-CP, based on the actual situation in the locality, the Chairman of the Provincial People’s Committee decide on other support measures to ensure housing, stable life, production and equity for people whose land is recovered; In case households and individuals directly engage in agricultural production, when the State recovers agricultural land, they are not eligible for compensation as prescribed in Article 75 of the Land Law, the People’s Committee of the province shall consider supporting them. support to suit local realities; special cases to submit to the Prime Minister for decision.
Thus, according to this regulation, if his family is allocated agricultural land by the State to raise shrimp within the limit, it is considered to be directly engaged in agricultural production, so there is no need to pay land use fees in this case.
Conclusion: So the above is Handling overdue land under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
