Regulations on the Purchase and Sale of Agricultural Land
According to PV Lao Động, lawyer Trương Anh Tú - Chairman of TAT Law Firm stated that Article 3, Section 191 of the 2013 Land Law stipulates that households and individuals not directly engaged in agricultural production are not allowed to receive the transfer or gift of the right to use rice land.
However, the 2024 Land Law (effective from August 1) no longer stipulates that this case falls under one of the cases where the transfer or gift of land use rights is not allowed.
According to Article 7, Section 45 of the 2024 Land Law, individuals not directly engaged in agricultural production are allowed to receive the transfer or gift of the right to use rice land (subject to the limits specified in Article 176 of the 2024 Land Law).
In the case where the recipient of the gift is a person who is entitled to inheritance, they will not be affected by the regulations on limits.
In the case where the limit is exceeded, a business organization must be established and a plan for the use of rice land must be approved by the People's Committee of the district, with the following main contents: location, area, purpose of land use, production and business plan agriculture, investment capital, land use period, and land use schedule.
Limit on the transfer of agricultural land use rights for individuals
The 2024 Land Law stipulates that the limit on the transfer of agricultural land use rights for individuals shall not exceed 15 times the limit on the allocation of agricultural land to individuals for each type of land specified in Articles 1, 2, and 3 of Section 176 of the 2024 Land Law.
The determination of the limit on the transfer of agricultural land use rights shall be based on factors such as land conditions and agricultural technology; labor force transfer, economic structure; and urbanization process.
The People's Committee of the province shall base its regulations on the limits specified in Articles 1 and 2 of Section 177 of the 2024 Land Law to specify the limit on the transfer of agricultural land use rights for individuals in accordance with the specific conditions of the locality.
