Question: What are the new provisions of the 2024 Land Law concerning individuals directly engaged in agricultural land production?
Several new provisions related to individuals directly engaged in agricultural land production officially take effect on August 1, 2024. Accordingly, the 2024 Land Law introduces the following key changes:
- Regarding Land Allocation Limits: The new law allows individuals directly engaged in agricultural production to transfer agricultural land use rights with significantly increased land allocation limits compared to previous regulations. Specifically, Article 176 of the Land Law provides the following land allocation limits:
“1. The allocation limits for annual crop land, aquaculture land, and salt production land for individuals directly engaged in agricultural production are as follows:
- a) Not exceeding 03 hectares per type of land for provinces and centrally governed cities in the Southeast and Mekong Delta regions;
- b) Not exceeding 02 hectares per type of land for other provinces and centrally governed cities.
- The allocation limit for perennial crop land for individuals shall not exceed 10 hectares for communes, wards, and towns in the lowlands, and not exceed 30 hectares for communes, wards, and towns in midland and mountainous areas.
- The allocation limit for individuals shall not exceed 30 hectares per type of land:
- a) Protective forest land;
- b) Production forest land that is plantation forest.
- Individuals may be allocated multiple types of land in the categories of annual crop land, aquaculture land, and salt production land, with a total allocation limit not exceeding 05 hectares; if allocated additional perennial crop land, the limit for perennial crop land shall not exceed 05 hectares for communes, wards, and towns in the lowlands, and not exceed 25 hectares for communes, wards, and towns in midland and mountainous areas; if allocated additional production forest land, the limit for production forest land shall not exceed 25 hectares.
- The allocation limit for unused land allocated to individuals for use according to the plan for agricultural, forestry, aquaculture, or salt production purposes shall not exceed the land allocation limits specified in Clauses 1, 2, and 3 of this Article and shall not be counted toward the agricultural land allocation limits for individuals as provided in Clauses 1, 2, and 3 of this Article.”
- Regarding the Right to Transfer Land Use Rights:
Previously, under the 2013 Land Law, households and individuals not directly engaged in agricultural production were not allowed to transfer or receive gifts of rice land use rights.
However, pursuant to Clause 7, Article 45 of the 2024 Land Law, as of August 1, 2024, individuals not directly engaged in agricultural production are permitted to transfer and receive gifts of rice land use rights.
In cases where the transfer or gift exceeds the land allocation limit specified in Article 176 of the 2024 Land Law, the individual must establish an economic organization and develop a plan for the use of rice land, which must be approved by the District People’s Committee, except where the recipient is an heir.
- Support for Enterprises: The new Land Law allows economic organizations, including foreign-invested enterprises, to acquire agricultural land use rights through transfers. This facilitates the development of the agricultural real estate market and contributes to the efficient utilization of land resources.
These changes are expected to create more favorable conditions for the effective use of agricultural land, promote economic development, and improve the livelihoods of people in rural areas.
