The Ministry of Agriculture and Environment received a petition from voters in Dong Thap province with the following content: Proposal to amend the provisions of Article 122 of the Land Law on the limit for transferring inheritance rights to land use rights, creating favorable conditions for households to transfer inheritance rights to land from parents to children in accordance with legal regulations, without disputes.
Regarding this proposal, the Ministry of Agriculture and Environment would like to report as follows:
Article 122 of the 2024 Land Law stipulates the conditions for land allocation, land lease, and permission to change land use purposes without limiting the limit for transferring inheritance rights to land use rights.
The 2024 Land Law only regulates the limit for receiving land use rights transfer for agricultural land, specifically: Article 177 stipulates: 1. The limit for receiving the transfer of agricultural land use rights of individuals shall not exceed 15 times the limit for agricultural land allocation of individuals for each type of land prescribed in Clauses 1, 2 and 3, Article 176 of this Law.
2. The determination of the limit for receiving the transfer of agricultural land use rights as prescribed in Clause 1 of this Article must be based on the following factors:
a) Conditions on land and production technology;
b) shifting the labor force, economic structure; urbanization process.
3. The People's Committee at the provincial level, based on the provisions of Clauses 1 and 2 of this Article, shall prescribe the limit for receiving the transfer of agricultural land use rights of individuals in accordance with the specific conditions of the locality".
The Land Law has gradually expanded the limit for receiving the transfer of agricultural land use rights to suit the qualifications and production capacity of the majority of households and individuals.
