Article 1126/2007/NQ-UBTVQH11 (1) provides for the limit on the transfer of land use rights for agricultural purposes for households and individuals.

RESOLUTION

REGULATIONS ON THE LIMIT OF RIGHTS TO USE AGRICULTURAL LAND FOR HOUSEHOLDS AND INDIVIDUALS FOR AGRICULTURAL PURPOSES

for agricultural purposes

THE NATIONAL ASSEMBLY STANDING COMMITTEE OF THE SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIET NAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/NQ-10 ON DECEMBER 25, 2001 OF THE TENTH SESSION OF THE TENTH NATIONAL ASSEMBLY;
BASED ON CLAUSE 3 OF ARTICLE 71 OF THE LAND LAW ON NOVEMBER 26, 2003;
PURSUANT TO THE PROPOSAL OF THE GOVERNMENT AND THE OPINION OF THE NATIONAL ASSEMBLY'S ECONOMIC AND BUDGET COMMITTEE;

RESOLUTION:

Article 1.

1. REGULATE THE LIMIT OF RIGHTS TO TRANSFER THE RIGHT TO USE AGRICULTURAL LAND FOR HOUSEHOLDS AND INDIVIDUALS FOR AGRICULTURAL PURPOSES THROUGH THE FORMS OF TRANSFERRING THE RIGHT TO USE LAND BY ASSIGNMENT, GIFT, OR SETTLEMENT OF DEBTS UNDER THE AGREEMENT IN THE MORTGAGE CONTRACT OR GUARANTEE CONTRACT WITH LAND USE RIGHTS FOR ANNUAL CROP LAND, PERENNIAL CROP LAND, PLANTED FOREST PRODUCTIVE LAND, AQUACULTURE LAND, AND SALT PRODUCTION LAND.

2. OTHER AGRICULTURAL LAND, PROTECTIVE FOREST LAND, SPECIAL USE FOREST LAND, NATURAL FOREST PRODUCTIVE LAND ARE NOT SUBJECT TO THE SCOPE OF REGULATION OF THIS RESOLUTION.

Article 2.

THE LIMIT OF RIGHTS TO TRANSFER THE RIGHT TO USE ANNUAL CROP LAND, PERENNIAL CROP LAND, PLANTED FOREST PRODUCTIVE LAND, AQUACULTURE LAND, AND SALT PRODUCTION LAND FOR EACH HOUSEHOLD AND INDIVIDUAL FOR AGRICULTURAL PURPOSES IS REGULATED AS FOLLOWS:

1. ANNUAL CROP LAND, AQUACULTURE LAND, AND SALT PRODUCTION LAND:

a) NOT MORE THAN SIX (06) HA FOR PROVINCES AND DIRECTLY-GOVERNED CITIES IN THE EASTERN REGION AND THE MEKONG DELTA REGION;

b) NOT MORE THAN FOUR (04) HA FOR THE REMAINING PROVINCES AND DIRECTLY-GOVERNED CITIES.

2. PERENNIAL CROP LAND:

a) NOT MORE THAN TWENTY (20) HA FOR RURAL COMMUNITIES IN THE LOWLANDS;

b) NOT MORE THAN FIFTY (50) HA FOR RURAL COMMUNITIES IN THE MIDLANDS AND MOUNTAINS.

3. PLANTED FOREST PRODUCTIVE LAND:

a) NOT MORE THAN FIFTY (50) HA FOR RURAL COMMUNITIES IN THE LOWLANDS;

b) NOT MORE THAN ONE HUNDRED (100) HA FOR RURAL COMMUNITIES IN THE MIDLANDS AND MOUNTAINS.

4. IN CASES WHERE HOUSEHOLDS AND INDIVIDUALS RECEIVE THE RIGHT TO TRANSFER THE USE OF AGRICULTURAL LAND ACROSS MULTIPLE PROVINCES AND DIRECTLY-GOVERNED CITIES, THE TOTAL AREA RECEIVED WITHIN THE LIMIT FOR EACH TYPE OF LAND (ANNUAL CROP LAND, PERENNIAL CROP LAND, PLANTED FOREST PRODUCTIVE LAND, AQUACULTURE LAND, AND SALT PRODUCTION LAND) SHALL BE EQUAL TO THE LIMIT OF THE RIGHT TO TRANSFER THE USE OF LAND AT THE PROVINCE OR DIRECTLY-GOVERNED CITY WITH THE HIGHEST LIMIT OF THE RIGHT TO TRANSFER THE USE OF LAND.

5. IN CASES WHERE HOUSEHOLDS AND INDIVIDUALS RECEIVE THE RIGHT TO TRANSFER THE USE OF AGRICULTURAL LAND INCLUDING MULTIPLE TYPES OF LAND (ANNUAL CROP LAND, PERENNIAL CROP LAND, PLANTED FOREST PRODUCTIVE LAND, AQUACULTURE LAND, AND SALT PRODUCTION LAND), THE LIMIT OF THE RIGHT TO TRANSFER THE USE OF AGRICULTURAL LAND FOR SUCH HOUSEHOLDS AND INDIVIDUALS SHALL BE DETERMINED SEPARATELY FOR EACH TYPE OF LAND AS REGULATED IN SUBARTICLES 1, 2, AND 3 OF THIS ARTICLE.

Article 3. HOUSEHOLDS AND INDIVIDUALS WHO HAVE BEEN USING AGRICULTURAL LAND EXCEEDING THE LIMIT OF THE RIGHT TO TRANSFER THE USE OF LAND AS REGULATED IN ARTICLE 2 OF THIS RESOLUTION, WHERE THE CONTRACT OR DOCUMENT TRANSFERRING THE RIGHT TO USE LAND HAS BEEN NOTARIZED OR CERTIFIED BEFORE THE EFFECTIVE DATE OF THIS RESOLUTION, SHALL CONTINUE TO USE THE EXCESS AREA OF LAND AS IF IT WERE AGRICULTURAL LAND WITHIN THE LIMIT OF THE RIGHT TO TRANSFER THE USE OF LAND.

Article 4.

1. THIS RESOLUTION SHALL TAKE EFFECT FROM JULY 1, 2007.

2. THE GOVERNMENT SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS RESOLUTION.