What is the limit for agricultural land use?

What does agricultural land include?

Article 10 of the 2013 Land Law classifies land into the following groups: Non-agricultural land group; Agricultural land group; Unused land group.

In which, the agricultural land group includes the following types of land: Land for growing annual crops including rice land and land for growing other annual crops; Land for growing perennial crops; Production forest land; Protective forest land; Special-use forest land; Aquaculture land; Salt-making land.

Other agricultural land includes land used to build greenhouses and other types of houses for the purpose of cultivation, including forms of cultivation not directly on the land. Construction of barns for raising livestock, poultry and other animals permitted by law. Land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experimentation. Land for nurturing seedlings, animal breeds and land for growing flowers and ornamental plants.

The current Land Law does not specifically stipulate what the limit for agricultural land use is. (Photo: Xuan Tien)

What is the limit for agricultural land use?

The current Land Law does not specifically stipulate what the limit for agricultural land use is. However, it can be understood that the limit for agricultural land is the maximum area of agricultural land that land users are allowed to use according to the provisions of the Land Law.

In other words, the State regulates the maximum area of agricultural land that each organization, individual, and household is assigned or allowed to receive land use rights transfer.

There are two types of agricultural land quotas: agricultural land allocation quotas and agricultural land use right transfer quotas.

What is the current agricultural land use limit?

The current agricultural land allocation limit is stipulated in Article 129 of the 2013 Land Law, specifically:

1. The limit of land allocation for annual crop cultivation, aquaculture land, and salt-making land for each household and individual directly engaged in agricultural production is as follows:

- No more than 3 hectares for each type of land for provinces and centrally-run cities in the Southeast region and the Mekong Delta region.

- No more than 2 hectares for each type of land for other provinces and centrally run cities.

2. The limit of land allocated for perennial crops for each household or individual shall not exceed 10 hectares for communes, wards and towns in the plains and not exceed 30 hectares for communes, wards and towns in the midlands and mountainous areas.

3. The land allocation limit for each household and individual is no more than 30 hectares for each type of land:

- Protective forest land.

- Production forest land.

4. In case a household or individual is allocated many types of land including land for annual crops, aquaculture land, and salt production land, the total land allocation limit shall not exceed 5 hectares.

In case a household or individual is allocated additional land for growing perennial crops, the land limit for growing perennial crops shall not exceed 5 hectares for communes, wards and towns in the plains and not exceed 25 hectares for communes, wards and towns in the midlands and mountainous areas.

In case a household or individual is assigned additional production forest land, the production forest land allocation limit shall not exceed 25 hectares.

5. The limit for allocating vacant land, bare hills, and land with water surface belonging to the unused land group to households and individuals for use according to planning for agricultural production, forestry, aquaculture, and salt production shall not exceed the land allocation limit specified in (1), (2), (3) and shall not be included in the limit for allocating agricultural land to households and individuals specified in (1), (2) and (3).

Provincial People's Committees prescribe the quota for allocating vacant land, bare hills, and land with water surface in the unused land group to households and individuals for use according to land use planning and plans approved by competent state agencies.

Provincial People's Committees shall prescribe the limits for allocating vacant land, bare hills, etc. to households and individuals for use according to land use planning and plans approved by competent State agencies. (Photo: Xuan Tien)

6. The limit on allocation of agricultural land for annual crops, perennial crops, forestry, aquaculture, and salt production in the buffer zone of special-use forests to each household and individual is implemented according to the provisions in (1), (2), (3), (4) and (5).

7. For agricultural land areas of households and individuals currently using outside the commune, ward or town where permanent residence is registered, households and individuals may continue to use them. If the land is allocated without land use fees, it will be counted towards the agricultural land allocation quota of each household or individual.

The land management agency that has allocated agricultural land without collecting land use fees to households and individuals shall send a notice to the People's Committee of the commune where the household or individual has registered permanent residence to calculate the agricultural land allocation limit.

8. The agricultural land area of households and individuals that is transferred, leased, sub-leased, inherited, donated, received as capital contribution in the form of land use rights from others, contracted, or leased by the State is not included in the agricultural land allocation limit.

CHAU THU

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