Annual crop land belongs to the group of agricultural land according to Clause 1, Article 4 of Decree 102/2024/ND-CP, including land for growing short-term crops with a production cycle of less than one year. Annual crop land includes rice land and other annual crop land (which is land for growing annual crops that are not rice).
Because annual crop land is agricultural land, the land use term is determined according to points a, b, clause 1, Article 172 of the 2024 Land Law as follows:
+ The term for land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops within the prescribed limit is 50 years. When the land use term expires, they are allowed to continue using the land according to the prescribed term without having to carry out extension procedures;
+ The annual land lease term for individuals is no more than 50 years. When the land lease term expires, if individuals have a need, the State will consider continuing to lease land but not for more than 50 years.
Thus, annual crop land that has been granted a red book has a land use term of 50 years or no more than 50 years.
Based on the provisions of Clause 1, Clause 5, Article 45 of the 2024 Land Law, after completing financial obligations (for cases where land users are allowed to delay fulfilling financial obligations or are allowed to borrow financial obligations), land users are entitled to donate land use rights when they meet the following conditions:
Article 45. Conditions for exercising rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights; receive transfer, receive donation of land use rights
1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights when they meet the following conditions:
a) Having a Certificate of land use rights or a Certificate of house ownership and residential land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating fields, exchanging plots, donating land use rights to the State, community and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;
b) Land that is not disputed or disputed has been resolved by a competent state agency, a judgment, decision of the Court, a decision or ruling of an Arbitrator that has taken legal effect;
c) Land use rights not being distrained, applying other measures to ensure judgment enforcement in accordance with the law on civil judgment enforcement;
d) Within the land use term;
e) Land use rights are not subject to temporary emergency measures as prescribed by law.
Land users when exercising the right to donate land use rights, in addition to the conditions specified in points a, b, c, d and d, must also meet the conditions specified in Article 48 of the 2024 Land Law for cases of exercising land use rights of individuals who are ethnic minorities who are allocated land or leased land according to the provisions of Clause 3, Article 16 of the 2024 Land Law.
