According to Article 10 of the Regulations issued with Decision 61/2024/QD-UBND, the limit for recognition of the right to use self-reclaimed agricultural land is implemented as follows:
Households and individuals using self-reclaimed agricultural land that is consistent with the agricultural land use planning approved by competent state agencies, has no disputes, and is recognized by the State for land use rights according to the following limits:
- Households and individuals using land for annual crop cultivation and aquaculture, whose land use rights are recognized by the State with a limit of no more than 2 hectares.
- Households and individuals using land to grow perennial crops and production forests, are recognized by the State for land use rights with a limit of no more than 5 hectares.
- In case a household or individual is using land exceeding the limit prescribed in Clause 1 and 2, Article 10 of the Regulations issued together with Decision 61/2024/QD-UBND, the household or individual must switch to land lease for the area exceeding the limit.
In addition, households and individuals using agricultural land that they have reclaimed themselves and are not in dispute will be granted a Certificate of land use rights and ownership of assets attached to the land by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee; if the limit is exceeded by the Provincial People's Committee, the excess area must be converted to State land lease. (According to Clause 4, Article 139 of the 2024 Land Law).
