What are conditions to purchase the land used for rice production?

Legal situation:

I am tending to purchase the paddy land of 600 m² from Mr. A. Please advise me what the conditions that I need to meet?

Answer:

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the legal provisions, we would like to send you some references as follows:

According to legal provisions on land. To purchase paddy land, the seller and purchaser need to meet the following conditions:

First, general conditions as prescribed in Clause 1 Article 188 of Land Law 2013, include:

• Having the certificate of land use rights;
• The land is dispute-free;
• The land use rights are not distrained to secure judgment enforcement;
• Within the land use term.

Second, besides the above conditions, according to Clause 3 Article 191 of Land Law 2013: “Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights”. Based on this provision, in case you want to purchase the paddy land, you need to prove that you are the person who is directly engaged in agricultural production.

Households or individuals directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agricultural land, or having agricultural land use rights recognized by the State; or has acquired agricultural land use rights, and generates stable income from agricultural production on that land.

The determination of the stable income source from agricultural production of households and individuals who are directly engaged in agricultural production subject to clause 3 Article 2 of Decree No. 01/2017/ND-CP. Accordingly, Commune People’s Committee shall be responsible for verifying the stable incomes of households or individuals from agricultural production under the following provisions:

• People’s Committee of the Commune at the registered permanent address of the household or individual directly engaged in agricultural production shall verify their stable incomes from agricultural production.
• If the households or individuals using a land parcel not located in their registered permanent addresses, the People’s Committees of the Communes of the registered permanent addresses shall verify the stable incomes of such household or individuals who directly engage in agricultural production after receiving a written confirmation of the use of agricultural land from the People’s Committee of the Commune where the land parcel.

Above is the legal opinions of FDVN related to your consulting requests based on researching the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

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