Pursuant to Article 3 of Decree 102/2024/ND-CP, individuals directly engaged in agricultural production are regulated:
Article 3. Individuals directly engaged in agricultural production
Individuals directly engaged in agricultural production are individuals who have been allocated land, leased land, or recognized by the State for agricultural land use rights; received the transfer of agricultural land use rights with income from agricultural production on that land, except for the following cases:
1. Cadres, civil servants, public employees, officers on active duty, professional soldiers, defense civil servants, defense workers and public employees, officers, non-commissioned officers, police workers, people working in cryptography and people working in other cryptographic organizations receive salaries from the state budget.
2. Pensioners.
3. Those who retire or quit their jobs will receive monthly social insurance benefits.
4. Employees with indefinite-term labor contracts.
Accordingly, employees with indefinite-term labor contracts are not individuals directly engaged in agricultural production.
Referring to Clause 6.7, Article 45 of the 2024 Land Law:
Article 45. Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive gifts for land use rights
6. Economic organizations that are allowed to receive agricultural land use rights transfers must have an agricultural land use plan approved by the People's Committee at the district level. The agricultural land use plan must have the following main contents:
a) Location, area, and purpose of land use.
b) Agricultural production and business plan.
c) Investment capital.
d) Land use term.
d) Land use progress.
7. Individuals who are not directly engaged in agricultural production and receive the transfer or donation of rice-growing land use rights exceeding the limit prescribed in Article 176 of this Law must establish an economic organization and have a rice-growing land use plan including the contents prescribed in Clause 6 of this Article and approved by the People's Committee at the district level, except in cases where the recipient is a person in the inheritance line.
Thus, employees with an indefinite-term labor contract can still buy rice-growing land, but consider the following cases:
- If buying rice-growing land within the limit, there is no limit on conditions.
- If the rice land is purchased in excess of the limit, an economic organization must be established and a rice land use plan must be included in the contents according to regulations and approved by the Chairman of the People's Committee at the commune level.
Note: The authority to approve the agricultural land use plan of an economic organization and approve the rice land use plan of an individual of the People's Committee at the district level has been transferred to the Chairman of the People's Committee at the commune level for implementation from July 1, 2025 according to Point a, Clause 1, Article 5 of Decree 151/2025/ND-CP.
