In Vietnam, land is an extremely valuable asset of the country in general and of the people in particular. Among them, rice land is one of the most popular types of land in Vietnam because most localities develop agriculture. There are many issues related to the use of rice land. So about the matter “Who can buy rice land under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
How does the law regulate the types of agricultural land today?
According to Clause 1, Article 10 of the 2013 Land Law, agricultural land includes the following types of land:
– Land for annual crops, including land for rice cultivation and land for other annual crops;
– Land for planting perennial crops;
– Production forest land;
– Protection forest land;
– Special-use forest land;
– Aquaculture land;
– Land for salt production;
– Other agricultural land includes:
+ Land used for construction of greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land;
+ Land for construction of 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;
+ Land for nursery plants, seedlings and land for planting flowers and ornamental plants.
Who can buy rice land under Vietnam law?
The 2013 Land Law stipulates the specific conditions for purchasing agricultural land as follows:
Firstly, satisfying the provisions of Article 188 of the Land Law 2013
Accordingly, in order to carry out the transaction to purchase agricultural land, the land plot must be granted a certificate, not in the case of distraint to ensure judgment enforcement/application of temporary emergency measures, within the time limit. use and no dispute.
If the land plot cannot satisfy all of the above conditions, it cannot participate in the transfer transaction.
Second, the transferee is not an overseas Vietnamese or a foreigner
Pursuant to the provisions of Article 168 of the 2013 Land Law, overseas Vietnamese or foreigners are not eligible to receive the transfer of agricultural land use rights in Vietnam. Therefore, if the buyer belongs to either of these two entities, it is not allowed to perform the transaction of transferring agricultural land use rights.
Third, not in the case of not receiving the transfer of agricultural land use rights specified in Clause 1, Article 191 of the 2013 Land Law.
Clause 1, Article 191 of the 2013 Land Law lists those who are not allowed to transfer agricultural land which is land for growing perennial crops (fruit trees) such as residential communities, religious establishments, organizations, etc. transfer the right to use agricultural land if not permitted by law.
Fourth, if they are not individuals or households directly engaged in agricultural production, they are not allowed to transfer rice land
Clause 3, Article 191 of the 2013 Land Law stipulates that the recipient of rice land transfer must be a household or individual directly engaged in agricultural production.
Accordingly, in case you want to buy a portion of agricultural land that is for rice cultivation, you must be an individual or your household must be a direct user of agricultural production.
Thus, those who receive agricultural land transfer must satisfy the conditions we mentioned above. Particularly in case of wanting to buy land for rice cultivation, the buyer must be an individual or household directly engaged in agricultural production.
Can I buy agricultural land to settle down?
According to the information you provided, you want to buy agricultural land to convert the use into residential land, also known as residential land. Point d, Clause 1, Article 57 of the 2013 Land Law stipulates that the conversion of agricultural land use purposes into residential land must be permitted by a competent State agency.
The competent state agency to permit the change of land use purpose for rice cultivation for individuals and households is the People’s Committee of the district where the land is located (Article 59 of the 2013 Land Law).
Conditions for transfer of land use purpose from agricultural land to residential land are as follows:
Firstly, satisfy the provisions of Article 52 of the Land Law 2013
Article 52. Grounds for land allocation, land lease, permission to change land use purpose
1. The district-level annual land use plan approved by a competent state agency.
2. Land use demand expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
Accordingly, the need to change the land use purpose from agricultural land to residential area must be consistent with the approved annual land use plan of the district where the land is located.
Second, carry out the procedures for applying for a change of land use purpose according to the legal order
Normally, the procedure to change the use purpose from agricultural land to residential land must go through the following steps: Submit application for change of land use purpose, pay land use fee when changing land use purpose after change of land use purpose. approved by a competent State agency, and finally receive a certificate of registration of fluctuations in accordance with the law.
Are there any cases where the transfer of land use rights for rice cultivation is not allowed?
Pursuant to the provisions of Article 191 of the 2013 Land Law, cases in which land use rights cannot be transferred or donated are as follows:
“first. Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese, foreign-invested enterprises are not allowed to transfer or donate land use rights. for cases where the law does not allow the transfer or donation of land use rights.
2. Economic organizations may not receive the transfer of the right to use land for rice cultivation, protection forest land, and special-use forest land of households and individuals, except for cases where the land use purpose is changed according to master plans or plans. land use plan approved by a competent state agency.
3. Households and individuals that are not directly engaged in agricultural production may not receive the transfer or donation of land use rights for rice cultivation.
4. Households and individuals are not allowed to transfer or donate the right to use residential land or agricultural land in protection forest areas, in strictly protected sub-zones and ecological restoration sub-zones in special forests. use, if they do not live in that protection forest or special-use forest.”
Thus, according to the above regulations, households and individuals who are not directly engaged in agricultural production are not allowed to receive the transfer of land use rights for rice cultivation.
What are the penalties for individuals who do not directly engage in agricultural production and receive the transfer of rice land?
Pursuant to Clauses 2 and 5, Article 26 of Decree 91/2019/ND-CP stipulates:
“Article 26. Receiving a conditional transfer or donation of land use rights without satisfying the conditions specified in Articles 191 and 192 of the Land Law
2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on households and individuals that do not directly engage in agricultural production but receive the transfer or donation of rice land use rights.
…
5. Remedial measures:
a) Forcible return of the transferred land area due to violations specified in Clauses 1, 2, 3 and 4 of this Article; except for the case specified at Point b of this Clause;
b) In case of transferring the land use right specified in Clause 1 of this Article, but the transferor no longer lives in such protection forest or special-use forest, the State shall recover the land according to the provisions of law.
Accordingly, individuals who do not directly engage in agricultural production but receive the transfer of land use rights for rice cultivation shall be subject to a fine of between VND 2,000,000 and 5,000,000. At the same time, forced to return the transferred land area.
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Please see more
- The issuance of a land use right certificate in Vietnam is refused
- Regulation on resettlement land area in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
Pursuant to Clause 1, Article 10 of the Land Law 2013 on land classification:
“Based on the purpose of use, land is classified as follows:
The agricultural land group includes the following types of land:
a) Land for annual crops, including land for rice cultivation and land for other annual crops;”
Thus, the land for rice cultivation belongs to the group of agricultural land.
The conversion profile includes:
– Application for change of land use purpose.
– Certificate of land use right or one of the papers on land use right
Submit directly at the Land Registry Office or the District Office of Natural Resources and Environment to apply for a change of use purpose.
Article 44 of Decree No. 43/2014/ND-CP stipulates that the limit for receiving the transfer of agricultural land use rights of households and individuals for each type of land is different.
Land for annual crops, land for aquaculture and land for salt production
Not more than 30 hectares for each type of land for provinces and centrally run cities in the Southeast region and the Mekong Delta region.
No more than 20 hectares for each type of land for the remaining provinces and centrally run cities.
Land for perennial crops
No more than 100 ha for communes, wards and towns in the delta.
No more than 300 ha for communes, wards and townships in the midland and mountainous areas.
Production forest land is planted forest
No more than 150 ha for communes, wards and towns in the delta.
No more than 300 ha for communes, wards and townships in the midland and mountainous areas.
Conclusion: So the above is Who can buy rice 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
