What is the current agricultural land allocation limit?
Currently, the agricultural land limit is stipulated in Article 176 of the Land Law 31/2024/QH15:
Limit of agricultural land allocated in case of additional land allocation:
In particular, if a household or individual is allocated many types of land (including land for growing annual crops, aquaculture land, and salt-making land), the total land allocation limit shall not exceed 5 hectares.
What is excess agricultural land?
Currently, the land law and related documents do not have any regulations explaining what constitutes agricultural land exceeding the limit. However, it can be understood that agricultural land exceeding the limit is the land area exceeding the maximum area of each type of land.
In which, the agricultural land limit is the maximum area that the competent state agency prescribes for land users to enjoy rights or perform obligations according to regulations.
When using land area exceeding the limit, land users will have their land use rights restricted and may be subject to penalties for violations.
Is agricultural land exceeding the limit compensated?
This is one of the issues that land users are concerned about, especially those who are using agricultural land beyond the limit.
According to Point b, Clause 1, Article 96 of the 2024 Land Law, compensation and support for the agricultural land area due to the transfer of land use rights exceeding the limit before July 1, 2014 shall be implemented according to Government regulations.
Clause 5, Article 12 of Decree 88/2024/ND-CP stipulates compensation and support when the State recovers agricultural land exceeding the limit due to receiving land use rights transfer for households and individuals using land before July 1, 2014 as follows:
- Receiving the transfer of land use rights of land users when the State recovers land for the purpose of national defense, security, socio-economic development, for national and public interests, compensation shall be paid according to the actual recovered area if meeting the following requirements:
+ Have Certificate.
+ There is a decision on land allocation/land lease/permission to change land use purpose from a competent State agency.
Have one of the documents on land use rights as a basis for granting the Certificate.
+ Receive land use rights transfer from a person with legal land use rights but has not completed land registration procedures.
+ Land use according to the agreement in the mortgage contract to settle debt, document recognizing the results of the land use rights auction in which the auction winner has fulfilled financial obligations.
- In case of receiving land use rights transfer not falling into the above cases, compensation and support shall be considered based on the origin of land use of the transferor.
For the agricultural land area exceeding the agricultural land allocation limit, land compensation will not be provided but support will be considered.
In case of using agricultural land allocated before July 1, 2014 but exceeding the limit at the time of allocation, it is necessary to switch to land lease with the area exceeding the limit.
How to deal with agricultural land exceeding the limit?
In case an individual does not directly produce agriculture but receives the right to use rice-growing land exceeding the limit without establishing an economic organization, he/she may be subject to administrative sanctions according to the provisions of Clause 2, Article 19 of Decree 123/2024/ND-CP with a fine of 50 - 100 million VND.
At the same time, violators are also forced to establish economic organizations and make plans for using rice-growing land.
