What is the limit on agricultural land use?

What does agricultural land consist of?

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

In this context, agricultural land includes the following types of land: Land for annual crops, including rice paddies and other annual crop land; Land for perennial crops; Production forest land; Protection forest land; Special-use forest land; Aquaculture land; Salt production land.

Other agricultural land includes land used for constructing greenhouses and other structures serving agricultural purposes, including forms of cultivation not directly on the land. It also includes land for constructing livestock and poultry barns and other animal enclosures permitted by law. Land used for cultivation, animal husbandry, and aquaculture for educational, research, and experimental purposes is also included. Furthermore, land for nursery cultivation of seedlings and young animals, and land for growing flowers and ornamental plants are also included.

The current land law does not specify what constitutes a limit on the use of agricultural land. (Photo: Xuan Tien)

What is the limit on agricultural land use?

The current Land Law does not specifically define what constitutes a limit on agricultural land use. However, it can be understood that the limit on agricultural land is the maximum area of ​​agricultural land that a land user is allowed to use according to the provisions of land law.

In other words, the State regulates the maximum area of ​​agricultural land that each organization, individual, or household is allocated or receives the right to use.

There are two types of agricultural land quotas: quotas for allocating agricultural land and quotas for receiving transfers of agricultural land use rights.

What is the current limit on agricultural land use?

The current land allocation limits for agricultural land are stipulated in Article 129 of the 2013 Land Law, specifically:

1. The land allocation limits for annual crop cultivation, aquaculture, and salt production for each household and individual directly engaged in agricultural production are as follows:

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

- Not more than 2 hectares for each land type in other provinces and centrally-governed cities.

2. The land allocation limit for perennial crop cultivation for each household or individual shall not exceed 10 hectares in communes, wards, and towns in the plains and not exceed 30 hectares in communes, wards, and towns in the midland and mountainous regions.

3. The land allocation limit for each household or individual shall not exceed 30 hectares for each type of land:

- Protected forest land.

- Production forest land.

4. In cases where a household or individual is allocated multiple 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 cases where households or individuals are allocated additional land for perennial crops, the land limit for 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 midland and mountainous regions.

In cases where households or individuals are allocated additional forest land for production purposes, the allocation limit for forest land for production shall not exceed 25 hectares.

5. The land allocation limit for vacant land, barren hills, and land with water surface belonging to the group of unused land for households and individuals to put into use according to the plan 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 agricultural land allocation limit for households and individuals specified in (1), (2) and (3).

The provincial People's Committee shall regulate the land allocation limits for vacant land, barren hills, and land with water surfaces belonging to the group of unused land for households and individuals to put into use according to the land use plan and scheme approved by competent state agencies.

The provincial People's Committee stipulates the land allocation limits for vacant land, barren hills, etc., for households and individuals to use in accordance with the land use plan and scheme approved by the competent State agency. (Photo: Xuan Tien)

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

7. For agricultural land areas used by households and individuals outside the commune, ward, or town where their permanent residence is registered, the household or individual may continue to use it. If the land was allocated without payment of land use fees, it will be included in the agricultural land allocation limit for each household or individual.

The land management agency that allocated agricultural land without collecting land use fees to households and individuals shall send a notification to the People's Committee of the commune where those households and individuals are registered as permanent residents to calculate the agricultural land allocation limit.

8. The area of ​​agricultural land owned by households and individuals through transfer, lease, sublease, inheritance, donation of land use rights, capital contribution in the form of land use rights from others, contracting, or land leased from the State is not included in the agricultural land allocation limit.

CHAU THU

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