Resolution No. 1126/2007/NQ-UBTVQH11 on the ceiling for transferring land use rights for agricultural purposes to households and individuals

RESOLUTION

Regarding the limit on the transfer of land use rights for agricultural purposes for households and individuals,
individual for use for agricultural purposes

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NATIONAL ASSEMBLY STANDING COMMITTEE

SOCIALIST REPUBLIC OF VIET NAM

Based on the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/NQ-10 dated December 25, 2001 of the Tenth Session of the Tenth National Assembly;

Based on Clause 3 of Article 71 of the Land Law dated November 26, 2003;

Pursuant to the proposal of the Government and the opinions of the Economic and Budget Committee of the National Assembly.

RESOLUTION:

Article 1.

1. To stipulate the limit on the transfer of land use rights for households and individuals for agricultural purposes through the forms of land use right transfer, gift, and debt settlement according to the agreement in mortgage and guarantee contracts using land use rights for annual crop land, perennial crop land, production forest land that is planted forest, aquaculture land, and salt-making land.

2. Other agricultural land, protective forest land, special-use forest land, and natural production forest land are not within the scope of this Resolution's regulation.

Article 2.

The limit on the transfer of land use rights for annual crop land, perennial crop land, planted production forest land, aquaculture land, and salt-making land for each household and individual for agricultural purposes is stipulated as follows:

1. Annual crop land, aquaculture land, and salt-making land:

a) Not exceeding six (06) hectares for provinces and centrally-administered cities in the Southeast region and the Mekong Delta region;

b) Not exceeding four (04) hectares for other provinces and centrally-administered cities.

2. Perennial crop land:

a) Not exceeding twenty (20) hectares for communes, wards, and towns in plains;

b) Not exceeding fifty (50) hectares for communes, wards, and towns in midlands and mountainous areas.

3. Planted production forest land:

a) Not exceeding fifty (50) hectares for communes, wards, and towns in plains;

b) Not exceeding one hundred (100) hectares for communes, wards, and towns in midlands and mountainous areas.

4. In cases where households and individuals receive the transfer of agricultural land use rights across multiple provinces and centrally-administered cities, the total area received within the limit for each type of land (annual crop land, perennial crop land, planted production forest land, aquaculture land, and salt-making land) shall be equal to the highest limit for transferring land use rights among those provinces and centrally-administered cities.

5. In cases where households and individuals receive the transfer of agricultural land use rights including multiple types of land (annual crop land, perennial crop land, planted production forest land, aquaculture land, and salt-making land), the limit for transferring agricultural land use rights for such households and individuals shall be determined separately for each type of land as specified in Clauses 1, 2, and 3 of this Article.

Article 3. Households and individuals who have already used agricultural land exceeding the limit for transferring land use rights stipulated in Article 2 of this Resolution, and whose land use right transfer contracts or documents were notarized or certified before the effective date of this Resolution, may continue to use the excess area as if it were within the limit for transferring land use rights.

Article 4.

1. This Resolution takes effect from July 1, 2007.

2. The Government is responsible for organizing and implementing this Resolution./.