How is the agricultural land allocation limit regulated?
Ms. Nguyen Thi Vinh, residing in Quynh Luu district, asked: What types of land are included in the agricultural land group? What is the official limit for agricultural land allocation according to the Land Law?
Reply:
-According to the provisions of Article 9 of the 2024 Land Law Agricultural land groups include:
- Land for growing annual crops, including rice land and land for growing other annual crops;
- Land for growing perennial crops;
- Forestry land, including special-use forest land, protective forest land, production forest land;
- Land for aquaculture;
- Concentrated livestock land;
- Salt land;
- Other agricultural land.
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- The official agricultural land allocation limit is stipulated in Article 176.Land Law 2024 for each specific type of land is as follows:
1. Limits on annual crop land allocation, aquaculture land, and salt-making land for individuals directly engaged in agricultural production:
a) No more than 03 hectares for each type of land for provinces and centrally-run cities in the Southeast region and the Mekong Delta region;
b) No more than 02 hectares for each type of land for other provinces and centrally run cities.
2. The limit of land allocated for perennial crops to individuals shall not exceed 10 hectares for communes, wards and towns in the plains; not exceed 30 hectares for communes, wards and towns in the midlands and mountainous areas.
3. The land allocation limit for individuals is not more than 30 hectares for each type of land:
a) Protective forest land;
b) Production forest land is planted forest.
4. Individuals who are allocated many types of land in the types of annual crop land, aquaculture land, salt-making land, the total land allocation limit shall not exceed 05 hectares; in case of being allocated additional land for perennial crop land, the land allocation limit for perennial crop land shall not exceed 05 hectares for communes, wards, and towns in the plains, and not exceed 25 hectares for communes, wards, and towns in the midlands and mountainous areas; in case of being allocated additional production forest land which is planted forest, the land allocation limit for production forest land shall not exceed 25 hectares.
5. The limit of unused land allocated to individuals for use according to planning for agricultural, forestry, aquaculture and salt production shall not exceed the land allocation limit prescribed in Clauses 1, 2 and 3 of this Article and shall not be included in the limit of agricultural land allocated to individuals prescribed in Clauses 1, 2 and 3 of this Article.
The People's Committee at the provincial level shall prescribe the limit for allocation of unused land to individuals for use according to the land use planning and plans approved by competent authorities.
6. For the agricultural land area of an individual currently using outside the commune, ward or town where he/she is registered for permanent residence, the individual may continue to use it. If the land is allocated without land use fees, it will be counted towards the individual's agricultural land allocation limit.
The competent land management agency that has allocated agricultural land without collecting land use fees to an individual shall send a notice to the People's Committee of the commune where the individual is registered as a permanent resident to calculate the agricultural land allocation limit.
7. The area of agricultural land of individuals through transfer, lease, sublease, inheritance, donation of land use rights, capital contribution in the form of land use rights from others, contract, or land leased by the State shall not be counted in the agricultural land allocation limit prescribed in this Article.
