Youme Law Firm LLC replied: On October 28, 2024, the People's Committee of Nam Dinh province issued Decision 44/2024 regulating the limits of agricultural land allocation, the limits of unused land allocation, and the limits of receiving the transfer of agricultural land use rights in Nam Dinh province, effective from November 15, 2024.
Based on the approved land use planning and plans, the unused land fund capacity of the locality, and the land use needs of individuals within the administrative boundaries of communes, wards, and towns, the limit for allocation of unused land to individuals for use in agricultural, forestry, aquaculture, and salt production is prescribed as follows:
The limit for annual crop land allocation, aquaculture land, and salt-making land for individuals directly engaged in agricultural production shall not exceed 2 hectares for each type of land;
The limit of land allocation for perennial crops to individuals is not more than 10 hectares;
The land allocation limit for individuals is not more than 30 hectares for each type of land: Protective forest land; production forest land is planted forest.
The land allocation limits prescribed in Points a, b and c, Clause 1, Article 4 of Decision 44/2024 are not included in the agricultural land allocation limits for individuals prescribed in Clauses 1, 2 and 3, Article 176 of the 2024 Land Law.
According to Article 176, regulations on agricultural land allocation limits:
The annual land allocation limit for planting crops, aquaculture land, and salt-making land for individuals directly engaged in agricultural production is stipulated as follows: No more than 3 hectares for each type of land for provinces and centrally-run cities in the Southeast region and the Mekong Delta region;
No more than 2 hectares for each type of land for other provinces and centrally run cities.
The limit of land allocated for perennial crop cultivation to individuals shall not exceed 10 hectares for communes, wards and towns in the plains; not exceed 30 hectares for communes, wards and towns in the midlands and mountainous areas.
The land allocation limit for individuals is not more than 30 hectares for each type of land:
Protective forest land;
Production forest land is planted forest.
Putting unused land into use is specifically regulated in Article 222 of the 2024 Land Law as follows: Based on the planning and land use plans approved by competent authorities, People's Committees at all levels have plans to put unused land into use.
The State encourages organizations and individuals to invest in putting unused land into use according to land use planning and plans approved by competent authorities.
For land areas planned for agricultural use, priority will be given to individuals residing in the locality who have not been allocated land or lack production land.
The State has policies on infrastructure investment in border areas, islands, areas with difficult socio-economic conditions, areas with especially difficult socio-economic conditions, areas with a lot of land but few people to implement plans to put unused land into use; has policies on exemption and reduction of land use fees and land rents in cases of land allocation and lease of unused land to put into use.
Provincial People's Committees use funds collected from revenue sources when allowing the conversion of rice-growing land to other purposes and other legal funds to serve the renovation and putting unused land into use.
