Clause 7, Article 45 of the 2024 Land Law stipulates that individuals who are not directly involved in agricultural production and receive a transfer or donation of the right to use rice-growing land exceeding the limit prescribed in Article 176 must establish an economic organization and develop a plan for using rice-growing land. This plan must comply with the contents prescribed in Clause 6, Article 45 and must be approved by the People's Committee at the district level, except in cases where the recipient of the donation is an heir.
According to regulations, individuals who are not directly involved in agricultural production will be restricted from receiving rice-growing land exceeding the limit, in order to ensure proper and effective land use.
At the same time, Clause 8, Article 45 also lists cases where land use rights cannot be transferred or donated, including:
- Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where land use purposes are changed according to land use planning and plans approved by competent authorities.
- Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, strictly protected zones, or ecological restoration zones in those special-use forests.
- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
Accordingly, the law stipulates a number of specific cases in which individuals or organizations are not allowed to receive transfers or gifts of land use rights, but does not include direct regulations on regular salary recipients.
Thus, individuals who are not directly involved in agricultural production can still buy rice-growing land. Only when they receive more than the limit prescribed in Article 176 of the 2024 Land Law, they must establish an economic organization and have a plan to use the rice-growing land.
