Resolution No. 1126/2007/NQ-UBTVQH11 specifying limits for receipt of agricultural land use rights transferred to households or individuals for agricultural purpose

Issue nos 03·041July 2007 (C6ng Bao nos 442-443/July 8,2007) OFFICIAL GAZETTE 61 THE NATIONAL ASSEMBLY STANDING COMMITTEE RESOLUTION No.1l26/2007JNQ·UBTVQHll OFJUNE 21, 2007,SPECWYING LIMITS FOR RECEIPT OF AGRICULTURAL LAND USE RIGHTS TRANSFERRED TO HOUSEHOLDS OR INDIVIDUALS FOR AGRICULTURAL PURPOSE THE STANDING COMMITTEE OFTHE NATIONALASSEMBLY OFTHE SOCIALIST REPUBLIC OFVIETNAM Pursuant tothe1992 Constitution oftheSocialist Republic of Vietnam, which was amended and supplementedunderResolution No. 51120011QH10 ofDecember25,2001, a/the X'h National Assembty, the 1(Jh session; Pursuant toClause 3,Article71 a/theNovember 26. 2003LandLaw; At theproposal oftheGovernment andbasedon opinions 0/theNational AssemblysEconomic and Budgetary Commission, llliSOLVJ!;S: Arlicle 1. 1.To specify limits for receipt ofland use rights transferred to households or individuals for agricultural purpose in the form of land use right transfer-receipt or donation-receipt, or debt handling as agreed in contracts on mortgage: or guarantee with land use rights with regard to land under annuals or perennials, land with production forests being plantation forests, land under aquaculture or salt making. 2. Agricultural land of other types, protection forest land, special-use forest land, and land with production forests being natural forests are not governed by this Resolution. Arlicle 2. T.imits for receipt of the rights to use land under annuals or perennials, land with production forests being plantation forests, land under aquaculture or sail making transferred to each household or individual for agricultural purpose are specified as follows: 1. Land under annuals, aquaculture or salt making: aINot more than six (06) ha, for provinces and centrally run cities in the eastern south Vietnam region and the Mekong river delta region: blNot more than four (04) ha, for other provinces and centrally run cities. 2. Land under perennials: aI Not more than twenty (20) ha, for delta communes, wards and townships; bl Not more than fifty (50) ha, for midland and mountainous communes, wards and townships. 3. Land with production forests being plantation forests: aINotmore thanfifty(50) ha fordelta communes, wards and townships; bl Not more than one hundred (100) ha, for midland and mountainous communes, wards and townships. 4. When a household or an indi vidual recel ves the transferred rights to use agricultural land located in many provinces or centrally run cities, © VIETNAM LAW & LEGAL FORUM 62 OFFICIAL GAZETTE Issue nos 03·04/Julv 2007 (Gong Baa nos 442443/Ju/y 8,2007) the total area of land of each type (land under annuals or perennials, land with production forests being plantation forests, land under aquaculture or salt making) within the limit for receipt of transferred rights is equal to the limit for receipt of the transferred rights to use land in the province or centrally run city where the highest limits for receipt of the transferred land use rights are applied. 5. When a household or an individual receives the transferred rights to use agricultural land of many types (land under annuals or perennials, land with production forests being plantation forests, land under aquaculture or salt making), the limit for receipt of the transferred rights to use agricultural land of that household or individual is determined depending on each type of land specified in Clauses 1,2 and 3 of this Article. Article 3.- For households and individuals that are using agricultural land in excess of the limits specified in Article 2 of this Resolution while their land use nght transfer contracts or documents were notarized or authenticated before the effective date of this Resolution, they may continue using the excessive land areas like agricultural land within the limits for receipt of the transferred rights. Article 4. L This Resolution takes effect on July 1,2007. 2. The Government shall organize the implementation of this Resolution. On behalfof the NationalAssembly Standing Committee Chairman NGUYEN PHU TRONG © VIETNAM LAW & LEGAL FORUM