Resolution No. 1126/2007/NQ-UBTVQH11 dated June 21, 2007 of the Standing Committee of National Assembly specifying limits for receipt of agricultural land use rights transferred to households or individuals for agricultural purpose

RESOLUTION

SPECIFYING LIMITS FOR RECEIPT OF AGRICULTURAL LAND USE RIGHTS TRANSFERRED TO HOUSEHOLDS OR INDIVIDUALS FOR AGRICULTURAL PURPOSE

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10thsession;

Pursuant to Clause 3, Article 71 of the November 26, 2003 Land Law;

At the proposal of the Government and based on opinions of the National Assemblys Economic and Budgetary Commission,

RESOLVES:

Article 1.

1. To specify limits for receipt of land 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.

Article 2.

Limits for receipt of the rights to use land under annuals or perennials, land with production forests being plantation forests, land under aquaculture or salt making transferred to each household or individual for agricultural purpose are specified as follows:

1. Land under annuals, aquaculture or salt making:

a/ Not more than six (06) ha, for provinces and centrally run cities in the eastern south Vietnam region and the Mekong river delta region;

b/ Not more than four (04) ha, for other provinces and centrally run cities.

2. Land under perennials:

a/ Not more than twenty (20) ha, for delta communes, wards and townships;

b/ Not more than fifty (50) ha, for midland and mountainous communes, wards and townships.

3. Land with production forests being plantation forests:

a/ Not more than fifty (50) ha for delta communes, wards and townships;

b/ Not more than one hundred (100) ha, for midland and mountainous communes, wards and townships.

4. When a household or an individual receives the transferred rights to use agricultural land located in many provinces or centrally run cities, 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 right 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.

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

2. The Government shall organize the implementation of this Resolution.