7 cases where land use right certificates will not be issued.

According to the Decree detailing the implementation of several articles of the Land Law recently issued by the Government, there are 7 cases in which Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land will not be issued.

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1. Organizations and residential communities to whom the State has allocated land for management fall under the cases stipulated in Article 8 of the Land Law.

2. Individuals who are managing and using agricultural land belonging to the public land fund of communes, wards, and towns.

3. Lessees and sublessees of land from land users, except for those leasing or subleasing land from investors who build and operate infrastructure in industrial parks, industrial clusters, export processing zones, high-tech zones, and economic zones.

4. Land leaseholders in agricultural farms, forestry farms, agricultural and forestry enterprises, protective forest management boards, and special-use forest management boards.

5. Individuals currently using land who do not meet the eligibility requirements for obtaining a Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land.

6. Land users who meet the conditions for obtaining a Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land, but have received a notice or decision on land reclamation from a competent state agency.

7. Organizations and People's Committees at the commune level are allocated land by the State without collecting land use fees for the purpose of constructing public works including roads, water, gasoline, oil, and gas pipelines; power transmission lines, information transmission lines; outdoor recreational areas; cemeteries and burial grounds not intended for commercial purposes.

Limits on receiving transfers of agricultural land use rights.

The decree also stipulates the limits on the transfer of agricultural land use rights to households and individuals. Accordingly, the limits on the transfer of land use rights for annual crops, perennial crops, planted production forests, aquaculture land, and salt production land for each household and individual for agricultural purposes apply to the forms of land use rights transfer, donation, and debt settlement as agreed in the land use rights mortgage contract.

Specifically, for land used for annual crops, aquaculture, and salt production, the limit is no more than 30 hectares for each type of land in provinces and centrally-administered cities in the Southeast and Mekong Delta regions; and no more than 20 hectares for each type of land in other provinces and centrally-administered cities.

For land used for perennial crops, the limit is no more than 100 hectares for communes, wards, and towns in the plains; and no more than 300 hectares for communes, wards, and towns in the midland and mountainous regions.

As for planted production forests, the limit is no more than 150 hectares for communes, wards, and towns in the plains; and no more than 300 hectares for communes, wards, and towns in the midland and mountainous regions.

In cases where a household or individual receives the transfer of agricultural land use rights in multiple provinces and centrally-governed cities, the total area of ​​land received within the limits for each type of land (annual crop land, perennial crop land, planted production forest land, aquaculture land, and salt production land) shall equal the land use right transfer limit in the province or centrally-governed city with the highest land use right transfer limit.

In cases where a household or individual receives the transfer of agricultural land use rights encompassing multiple land types (annual crop land, perennial crop land, planted production forest land, aquaculture land, and salt production land), the limit on the transfer of agricultural land use rights for that household or individual shall be determined according to each land type as stipulated above.

Households and individuals who have used agricultural land exceeding the prescribed transfer limit and registered the transfer of land use rights before July 1, 2007, may continue to use the excess land area as if it were within the transfer limit.

Households and individuals who have used agricultural land exceeding the prescribed transfer limit and have registered the transfer of land use rights from July 1, 2007, to before July 1, 2014, may continue to use the land and only have to switch to leasing the land from the State for the area exceeding the transfer limit.

According to chinhphu.vn