The issuance of the red book is necessary to prove the land use right. However, land is also divided into many different types, the issuance of red books for each type of land is also different. There may even be some types of land that are not issued with a red book. So about the matter “Is farmland granted a red book under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
What is farmland?
Currently, the land law and the guiding documents do not have a specific definition of farmland. However, in the simplest terms, farmland is the land allocated by the state to companies, organizations or localities for management, and then can be contracted to individuals and households.
Thus, an organization is an entity that is allocated farmland by the state, while households and individuals are the recipients of farmland in the form of contracting. Between households, individuals and organizations that contract land, there will be an agreement relationship in the form of a contract. Therefore, contracted land must be exploited, managed and used in accordance with the contract and the form agreed upon by the parties.
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) Not 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.
Conditions for being granted a land use right certificate
“Article 101. Issuance of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals currently using land without land use right papers
1. Households and individuals that are using land before the effective date of this Law without the papers specified in Article 100 of this Law, have permanent residence in the locality and directly engage in agricultural production. Agriculture, forestry, aquaculture, salt making in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, are now approved by the People’s Committees of communes where the land is located. If the person who has confirmed that he/she has used land stably and without dispute, he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and shall not be required to pay land use levy.
2. Households and individuals currently using land do not have the papers specified in Article 100 of this Law, but the land has been used stably before July 1, 2004 and has not violated the land law. , which is now certified by the People’s Committee of the commune as undisputed land, in accordance with the land use planning, urban construction detailed planning, rural residential area construction planning approved by the state housing authority. If the country has the authority to approve the planning, the certificate of land use rights and ownership of houses and other land-attached assets shall be granted.
3. The Government shall detail this Article.”
Is farmland granted a red book under Vietnam law?
Article 19 of Decree 43/2014/ND-CP stipulates cases in which the certificate of land use rights and ownership of houses and other land-attached assets is not granted, including:
+ Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.
Persons who are managing and using agricultural land belonging to the public land fund of communes, wards or townships.
Land users who lease or sub-lease land, except for the case of leasing or sub-leasing land from investors in infrastructure construction and business in industrial parks, industrial clusters, export processing zones, and high-tech zones , economic sector.
The recipients of land contracts in agricultural and forestry farms, agricultural and forestry enterprises, protection forest management boards, and special-use forest management boards.
Current land users are not eligible for certificates of land use rights, ownership of houses and other land-attached assets.
A land user is eligible for a certificate of land use rights and ownership of houses and other land-attached assets but has received a notice or decision on land recovery from a competent state agency.
Organizations and commune-level People’s Committees that are allocated land by the State without collection of land use levy for the purpose of constructing public works, including roads, water and petrol, oil and gas pipelines; power transmission lines, information transmission; outdoor entertainment area; Cemeteries and graveyards are not for commercial purposes.
Thus, individuals and households receiving contracted land are entitled to the rights under the contract and do not have the rights of land users, are not granted a certificate of land use right and cannot transfer the land legal farm. This regulation is considered to be consistent with the definition of farmland allotment mentioned above because the recipients of the contracted land are not individuals or organizations directly allocated land by the state.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
Persons who contracted land in farms in 1 of 7 cases specified in Article 19 of Decree No. 43/2014/ND-CP were not granted a certificate of land use right. This provision is consistent with the definition of farmland allotment mentioned above because the recipients of the contracted land are not individuals or organizations that are directly allocated land by the state. Therefore, the contracted recipient of land in the farm is not the land user as prescribed in the 2013 Land Law. Thus, individuals and households that receive contracted land are entitled to the rights under the contract of allocation, without any rights. the rights of land users, not being granted a certificate of land use right, so it is not possible to transfer farmland legally.
Buying ordinary land is inherently risky, buying farmland is even more risky. When not sure if the land you buy is fully legal, specifically the Certificate, the buyer should stay away from this type of land. If the land has a Certificate, it is necessary to see who the name is. Should buy land from the owner to avoid trouble if disputes later.
In Article 10 of Decree No. 168/2016/ND-CP dated December 27, 2016 of the Government, stipulating the contracting of forests, orchards and water surface areas in the management boards of special-use forests, protection forests and companies The State Agro-Forestry One Member Limited Liability Company regulates:
“Article 10. Transition Terms
The management boards of special-use forests and protection forests and agro-forestry companies, based on the provisions of this Decree, organize the review and classification of the contracted objects and the contracted contents to perform the contract according to regulations. Decree No. 01/CP dated January 4, 1995 and Decree No. 135/2005/ND-CP dated November 8, 2005 and resolved and completed before December 31, 2017, specifically as follows: after:
In case the contracted party properly performs the contract, uses it for the right purposes and for the right subjects, it may continue to receive the contract until the expiration of the contract term.
In case the contracted party improperly performs the contract, uses the contracted area for wrong purposes, or the contracted area is illegally transferred, the contracting party shall liquidate the contract and organize the recovery of the contracted area. hoarding”.
According to the above provisions, for cases where the contracted party is performing the signed contract under the provisions of Decree No. 135/2005/ND-CP, it must comply with the provisions of Clause 1, Article 10 of Decree No. 168/ 2016/ND-CP, they continue to receive the contract until the end of the signed contract.
For cases in which the signed contract has expired, it must comply with the provisions of Decree No. 168/2016/ND-CP.
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