One of the basic points that an individual, organization, or business needs to understand when holding the right to use or intend to hold the right to use any plot of land is the purpose of land use.

The State of Vietnam issues regulations on land classification including conditions on users, purpose of use, area that can be subdivided, area and accompanying conditions when implementing investment projects with Land use, and much more. Land is not only an invaluable resource but also contributes to shaping the territory, determining national sovereignty, and promoting socio-economic development. In this article, we will introduce agricultural land and non-agricultural land according to current regulations of Vietnamese Law.

1. Agricultural Land

According to the provisions of Clause 1, Article 10 of the Land Law (2013), the agricultural land term describes land used mainly for agricultural purposes, including:

  • Land for growing annual crops including paddy land and land for cultivation of other annual crops;
  • Land for growing perennial crops;
  • Production of forest land;
  • Protective forest land;
  • Special-use Forest land;
  • Aquaculture land;
  • Land for making salt;
  • Other agricultural land includes land used to build Greenhouses and other types of houses for farming purposes, including forms of farming not directly on land;
  • Building barns for raising cattle, poultry, and other animals as permitted by Law;
  • Land for cultivation, animal husbandry, and aquaculture for study, research, and experimental purposes; and
  • Land to nurse seedlings and animals and land to grow flowers and ornamental plants.

2. Non-Agricultural Land

Land not used for agricultural purposes will be classified as non-agricultural or unused land.  Particularly, non-agricultural land according to Clause 2, Article 10 of the 2013 Land Law is deemed to include:

  • Residential land includes rural residential land and urban residential land;
  • Land to build agency headquarters;
  • Land used for defense and security purposes;
  • Land for construction of public works includes land for construction of headquarters of public service organizations and land for construction of cultural, social, medical, educational and training, sports, science and technology facilities, diplomacy and other career projects;
  • Non-agricultural production and business land includes land in industrial parks, industrial clusters, and export processing zones; commercial and service land; land for non-agricultural production establishments; land used for mineral activities; Land for producing construction materials and making ceramics.
  • Land used for public purposes includes transportation land (airports, seaports, railways, roads); irrigation; land with historical/cultural relics and scenic spots; land for community activities, public entertainment and recreation areas; energy construction land; land for postal and telecommunications projects; market land; landfill land, waste treatment land and other public works land;
  • Land for religious and belief establishments;
  • Land for cemeteries, graveyards, funeral homes, crematoriums;
  • Land for rivers, streams, canals, streams and specialized water surfaces;
  • Other non-agricultural land includes land for motels, shacks, and camps for workers in production facilities; land to build warehouses and houses to store agricultural products, pesticides, fertilizers, machinery and tools for agricultural production; land for construction of other works of land users for non-business purposes and such works are not attached to residential land.

In short, based on the purpose of land use, the State of Vietnam classifies land to manage, maintain, and protect land resources. Besides, the State also ensures ecological balance combined with economic and social development. Land classification is accompanied by land planning according to administrative areas and natural geographical conditions as well as the population and economic characteristics of each area to ensure optimization of land use.

The article is based on laws applicable at the time noted as above and may no longer be appropriate at the time the reader approaches this article as the applicable laws and the specific cases that the reader may wish to apply may have changed. Therefore, the article is for referencing only.


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