On the Government Information Portal, Ms. D.T.D in Hanoi reported that her company plans to receive a transfer of the right to use 300 m2 of land in Cau Giay, Hanoi (of which 250 m2 is residential land and 50 m2 is agricultural land, perennial crop).
According to Clause 6, Article 45 of the 2024 Land Law, organizations wishing to receive the transfer of agricultural land use rights must have an agricultural land use plan approved by competent authorities.
Ms. D asked, in case of receiving the transfer of land use rights as the company she plans to do, does the company need to develop an agricultural land use plan to apply for approval before receiving the transfer?
Because in reality, the agricultural land area is small, interspersed in residential areas, making a plan for agricultural land use in this case is not suitable for reality and is not feasible.
The Ministry of Agriculture and Environment responds to this issue as follows:
According to the provisions of Point b, Clause 1, Article 28 of the 2024 Land Law: economic organizations and individuals are allowed to receive land use rights transfers.
Clause 6, Article 45 of the 2024 Land Law stipulates: Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive gifts of land use rights
Economic organizations that are allowed to receive agricultural land use rights transfers must have an agricultural land use plan. The agricultural land use plan must have the following main contents:
Location, area, purpose of land use.
Agricultural production and business plan.
Investment capital.
Land use term.
Land use progress.
Based on the above regulations, it is recommended that you contact the local authorities to review and comply with the provisions of law.
