On the Government Portal, citizens asked: Ms. N.T. L is a freelancer. She wants to buy 5 hectares of rice land for production, so when buying, does she need to prove that she is a person directly involved in agricultural production or not?
The phrase "Individuals not directly engaged in agricultural production receiving transfer or donation of rice land use rights exceeding the limits specified in Article 176 of this Law" is understood as exceeding the land allocation limit for each type of land or is it a transfer receiving limit?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 6, Article 3 of the 2024 Land Law stipulates: "6. Individuals directly engaged in agricultural production are individuals who have been allocated land, leased land, recognized agricultural land use rights by the State; received transfer of agricultural land use rights and have income from agricultural production on that land according to the Government's regulations".
Point b, Clause 1, Article 28 of the 2024 Land Law stipulates that individuals are entitled to receive the transfer of land use rights; the rights and obligations of individuals using land receiving transfer are implemented according to the provisions of Clause 1, Article 37 of the Land Law.
Clause 7, Article 45 of the 2024 Land Law stipulates: "Individuals who do not directly engage in agricultural production and receive transfer or donation of rice land use rights exceeding the limits specified in Article 176 of this Law must establish economic organizations and have a plan to use rice land including the contents specified in Clause 6 of this Article and be approved by the District People's Committee, except in cases where the recipient of the donation is an heir".
Clause 1, Article 176 of the Land Law stipulates the limit for allocating land for annual crops, aquaculture land, and salt land to individuals directly engaged in agricultural production as follows: (1) No more than 03 hectares for each type of land for provinces and cities directly under the Central Government in the Southeast region and the Mekong Delta region; (2) No more than 02 hectares for each type of land for other provinces and cities directly under the Central Government.
Article 3 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates individuals directly engaged in agricultural production.
Point a, Clause 1, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 2 levels, decentralization of authority in the field of land (expired by point d2, clause 3, Article 16 of Decree No. 49/2026/ND-CP) stipulates: The authority of the Chairman of the Commune-level People's Committee to approve the plan for using rice land of individuals specified in Clause 7, Article 45 of the Land Law.
On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, which has stipulated the decentralization of authority to provincial-level People's Committees with authority to decide on approval and approval of land use plans and regulations on procedures and administrative procedures for land (in Article 14, Article 15 of Decree No. 49/2026/ND-CP).
Based on the above regulations, from August 1, 2024, individuals who do not directly engage in agricultural production and receive transfer or donation of rice land use rights exceeding the land allocation limit specified in Article 176 of the Land Law must establish economic organizations and have a plan for rice land use approved by competent authorities.
