1. If you do not directly engage in agricultural production, you can still receive transfer of rice cultivation land
Pursuant to Clause 3, Article 191 of the 2013 Land Law, individuals who do not directly engage in agricultural production are not allowed to transfer or donate rice land use rights.
However, according to Clause 7, Article 45 of the Land Law 2024 , individuals who do not directly engage in agricultural production are allowed to transfer or donate rice land use rights according to the limits detailed in Article 176 of the Land Law. 2024, unless the recipient is an heir.
In case the limit is exceeded, an economic organization must be established and have a rice land use plan approved by the district People's Committee with the following main contents: location, area, land use purpose, plan. agricultural production and business, investment capital, land use term and land use progress.
Thus, the Land Law 2024 allows individuals who do not directly engage in agricultural production to receive transfer of rice land use rights within the land allocation limit.
2. Increase the limit for receiving agricultural land transfer from August 1, 2024
Pursuant to Article 177 of the Land Law 2024, the limit for receiving transfer of agricultural land use rights of individuals is as follows:
The limit for receiving transfer of agricultural land use rights from individuals is not more than 15 times the individual's agricultural land allocation limit for each type of land specified in Clauses 1, 2 and 3, Article 176 of the Land Law 2024.
Determining the limit for receiving agricultural land use rights transfer as prescribed above must be based on the following factors:
- Land conditions and production technology.
- Shifting the labor force and economic structure; urbanization process.
The Provincial People's Committee, based on the above regulations, stipulates the limit for receiving agricultural land use rights of individuals in accordance with the specific conditions of the locality.
Previously, Article 130 of the 2013 Land Law stipulated the limit for receiving transfer of agricultural land use rights from individuals as follows:
The limit for receiving transfer of agricultural land use rights from households and individuals is not more than 10 times the limit for transferring agricultural land use rights to households and individuals for each type of land.
The Government regulates the limit for individuals receiving transfer of agricultural land use rights in accordance with the specific conditions of each region and period.
Thus, the limit for receiving transfer of agricultural land use rights under the Land Law 2024 has increased by 5 times, and at the same time, the authority to regulate specific receiving limits has been changed from the Government to the Provincial People's Committee.
