A case sent a petition to functional agencies said that the family is using another annual crop land plot self-reclaimed and cultivated since 1993. This area has been used stably for many years and no disputes have arisen.
From that reality, people wonder whether parents who have retired and are no longer directly engaged in agricultural production will be recognized for land use rights and issued Certificates of Land Use Rights for the above-mentioned land plot or not. The content that is further concerned is how the land use term will be calculated if granted.
Answering this issue, the Ministry of Agriculture and Environment said that Clause 6, Article 138 of the 2024 Land Law stipulates that households and individuals who are using land stably for agricultural land purposes, if certified by the commune-level People's Committee where the land is located that there is no dispute, will be granted a Certificate of land use rights, ownership of assets attached to land in the form of the State allocating land without collecting land use fees for the area that does not exceed the limit for allocating agricultural land to individuals. The area exceeding the limit, if any, must be transferred to lease land from the State.
According to the Ministry of Agriculture and Environment, this regulation does not distinguish whether land users are individuals directly engaged in agricultural production or not directly engaged in agricultural production. This means that retired people who are using agricultural land stably and meet the conditions according to the law are still eligible for consideration for a certificate.
Regarding the land use term, the Ministry of Agriculture and Environment cited Clause 4, Article 112 of Decree 102/2024/ND-CP, according to which the land use term when issuing a Certificate of Land Use Rights in this case is 50 years from the date of issuance of the certificate.
Thus, with agricultural land self-exploited, used stably for many years and without disputes, retirees can still be granted a Certificate of Land Use Rights if they meet the conditions for confirmation according to current regulations.
