A resident in Dak Lak said that they are carrying out procedures to renew land use right certificates for a land plot of 23,718 m2, including 400 m2 of residential land and 23,318 m2 of other annual crop land. In the process of resolving the dossier, functional agencies requested him to carry out land lease procedures for the area considered to exceed the land use right recognition limit.
According to reports, this land plot originated from the transfer in 2010, has been registered for changes and approved by competent authorities.
People also said that they learned and found that the limit for recognizing land use rights for other annual crops is 2 hectares, while the limit for receiving agricultural land transfer from individuals can be up to 30 hectares. From there, he wondered whether the request to convert to land lease for the area exceeding the limit was in accordance with regulations or not.
Answering this question, the Ministry of Agriculture and Environment cited the provisions of Clause 33, Article 3 of the Land Law, which clearly states that the state's recognition of land use rights is the competent authority issuing a first-time certificate to a person who is using land stably for a land plot determined by law.
The Ministry also cited Clause 1, Article 176 of the Land Law on agricultural land allocation limits. Accordingly, the limit for allocating annual crop land, aquaculture land, and salt land for individuals directly engaged in agricultural production is no more than 3 hectares for provinces and cities in the Southeast region and the Mekong Delta; no more than 2 hectares for the remaining localities.
Regarding the limit for receiving the transfer of agricultural land use rights, Article 177 of the Land Law stipulates that individuals are allowed to receive transfer rights not exceeding 15 times the agricultural land allocation limit for each type of land according to Article 176. The determination of this limit is considered based on land conditions, production technology, labor shift, economic structure, urbanization process and specific regulations of the Provincial People's Committee.
In addition, Clause 1, Article 255 of the Land Law stipulates that households and individuals who are using agricultural land area allocated before July 1, 2014 and exceed the land allocation limit at the time of allocation must transfer to land lease for the area exceeding the limit.
From the above regulations, the Ministry of Agriculture and Environment said that the determination of the area exceeding the limit must be based on the land allocation limit specified in Article 176 of the Land Law. In case of issuing a first-time certificate, i.e., recognizing land use rights, or in case households or individuals are using agricultural land allocated before July 1, 2014 but exceed the land allocation limit at the time of allocation, the area exceeding the limit must be converted to land lease according to regulations.
