Expanding the limit for receiving transfer of agricultural land use rights

Huy Hùng |

The 2024 Land Law has specific regulations on the limits for allocating agricultural land, expanding the limits for receiving and transferring agricultural land use rights of individuals.

The Ministry of Agriculture and Environment received a petition from voters in Lam Dong province with the content: Voters in Nam Thanh commune reflected that people were allocated land and leased land by the state but exceeded the land limit. It is proposed that the National Assembly consider amending the Land Law and current regulations to create conditions for people to resolve and fulfill financial obligations for land areas exceeding the land limit.

Regarding this proposal, the Ministry of Agriculture and Environment would like to report as follows:

The 2024 Land Law has specific regulations on agricultural land allocation limits (Article 176); expanding the limit for receiving agricultural land use rights from individuals to no more than 15 times the local land allocation limit (Clause 1, Article 177); and at the same time expanding the subjects eligible to receive transfer of rice land use rights to economic organizations and individuals who do not directly produce agriculture in order to create conditions for organizations and individuals with capital and scientific and technical capacity to have the right to access land, invest in commodity agricultural production, limiting the situation of abandonment or ineffective fragmented use of agricultural land (Clause 6, Clause 7, Article 45).

According to point e, clause 3, Article 124 of the 2024 Land Law, individuals who need to use agricultural land area exceeding the assigned limit specified in Article 176 of the Land Law will be leased land by the State without auctioning land use rights, without bidding to select investors to implement land-using projects.

Clause 1, Article 255 of the 2024 Land Law stipulates the transition on land allocation, land lease, and change of land use purpose when this Law takes effect, stipulating: "Households and individuals who are using agricultural land allocated before July 1, 2014 but exceeding the land allocation limit at the time of allocation must switch to land lease according to the provisions of this Law for the area exceeding the limit".

The calculation of land rent to fulfill financial obligations for agricultural land area exceeding the limit is implemented according to the provisions of Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government regulating land use fees and land rent (amended and supplemented by Decree No. 291/2025/ND-CP dated November 6, 2025 of the Government).

Huy Hùng
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