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? How is the official agricultural land allocation limit regulated under 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 land allocation for crop cultivation, 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 on land allocation for perennial crops to individuals shall not exceed 10 hectares for communes, wards and towns in the plains; and 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 including annual crop land, aquaculture land, and salt-making land, the total land allocation limit shall not exceed 05 hectares; in case of being allocated additional land for perennial crops, the land allocation limit for perennial crops 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 prescribes the limit for allocating 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 being used outside the commune, ward or town where he/she has registered permanent residence, the individual may continue to use it. If the land is allocated without collecting land use fees, it shall be counted towards the agricultural land allocation limit of the individual.
The competent land management agency that has allocated agricultural land without collecting land use fees to individuals 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, contracted, or leased land by the State is not included in the agricultural land allocation limit prescribed in this Article.