According to Article 177 of the Land Law 2024, the limit for receiving transfer of agricultural land use rights for individuals is no more than 15 times the limit for assigning agricultural land to individuals for each type of land specified in Clauses 1, 2 and 3 of Article 176 Land Law 2024.
Determining the limit for transfer of agricultural land use rights must be based on land conditions and production technology, labor force transition, economic structure, and urbanization process.
The Provincial People's Committee will have regulations on the limit for receiving transfer of agricultural land use rights from individuals in accordance with local conditions.
According to Lao Dong reporter's research, previously, according to Article 130 of the 2013 Land Law, the limit for receiving agricultural land use rights for individuals was stipulated as follows:
The limit for receiving transfer of agricultural land use rights from households and individuals is not more than 10 times the limit for transferring agricultural land use rights to households and individuals for each type of land.
The Government regulates the limit for individuals receiving transfer of agricultural land use rights in accordance with the specific conditions of each region and period.
Thus, the limit for receiving transfer of agricultural land use rights under the Land Law 2024 has increased by 5 times compared to the Land Law 2013. At the same time, the authority to regulate specific receipt limits has been changed from the Government to the People's Committee. provincial level.
According to Clause 7, Article 45 of the Land Law 2024, individuals who do not directly engage in agricultural production are allowed to transfer or donate rice land use rights according to the limits detailed in Article 176 of the Land Law. 2024, unless the recipient is an heir.
In case the limit is exceeded, an economic organization must be established and have a rice land use plan approved by the district People's Committee with main contents on location, area, land use purpose, and plan. agricultural production and business, investment capital, land use term and land use progress.
Meanwhile, Clause 3, Article 191 of the 2013 Land Law stipulates that individuals who do not directly engage in agricultural production are not allowed to transfer or donate rice land use rights.
