Other annual crops
How is other annual crops? Conditions and process to convert to residential land? Let’s learn about other annual crops and related information through the article. From there, use the land in accordance with the law with Mogi.vn!
What are other annual crops?
Based on the purpose of use, land is classified into three main groups: agricultural land, non-agricultural land and unused land. According to the provisions of Clause 1, Article 10 of the 2013 Land Law, agricultural land includes the following groups:
Land for annual crops includes land for rice cultivation and other annual crops.
Land for perennial crops.
Production forest land.
Protective forest land.
Special-use forest land.
Land for aquaculture.
Other agricultural land includes land used to build greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for growing flowers and ornamental plants..
Land classification regulations
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Regulations on land for planting annual crops according to the law
According to Section 1: Type of land, Circular 27/2018/TT-BTNMT regulates land for planting annual crops. Specifically:
“Land for other annual crops is land for growing annual crops other than rice, such as vegetables, crops, including medicinal plants, sugar cane, jute, hemp, sedges, lemongrass, mulberry, and grass land. or natural grass to improve, raise livestock.”
Thus, the land for planting other annual crops belongs to the category of annual crops in the agricultural land group. However, it should be noted that the land for growing other annual crops is not rice land. This is also clearly stated in the 2013 Land Law and Circular 24/2018/TT-BTNMT. Specifically:
Land for growing annual crops is the land used for planting, harvesting, and ending the production cycle within 1 year, including annual crops that are kept at their original roots for harvesting within 5 years, and in the case of land for growing crops. annually according to the cyclical irregular farming regime.
Land for annual fishing other than rice cultivation
Therefore, the law for annual cropland will also be somewhat similar to the land law stipulating the rights and obligations of land users towards agricultural land.
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Soil classification for other annual crops
According to the provisions in Appendix 1 of Circular 27/2018/TT-BTNMT, land for growing other annual crops is classified into:
Land for other annual crops includes land for other annual crops and swidden land for other annual crops.
Flatland for other annual crops is flat land in plains, valleys, and plateaus for growing other annual crops.
Upland land for planting other annual crops is land for growing annual crops on hillsides and sloping mountains, including cases where other annual crops are grown irregularly on a cyclical basis..
Definition of other annual crops
Regulations on land use for other annual crops
The State clearly states regulations on land use quotas for other annual crops, specifically in Article 129 as follows:
1. The quota for allocation of land for annual crops, aquaculture, and salt production to each household or individual directly engaged in agricultural production is as follows:
a) Not more than 03 hectares for each type of land, for provinces and centrally-run cities in the Southeast region and the Mekong Delta region;
b) Not more than 02 hectares for each type of land for other provinces and centrally run cities. 2. The allocation quota of land for planting perennial crops must not exceed 10 hectares for communes, wards and townships in the delta; no more than 30 hectares for communes, wards and townships in the midland and mountainous areas.
2. In case households and individuals are allocated different types of land, including land for growing annual crops, land for aquaculture, and land for salt production, the total land allocation quota must not exceed 05 hectares. In case of being allocated additional land for planting perennial crops, the land limit for perennial crops must not exceed 5 hectares for communes, wards and townships in the delta; no more than 25 hectares for communes, wards and townships in the midland and mountainous areas.
Land use limit
Rights of land users
Users of land for planting other annual crops have the following rights:
- Obtained certificates of land use rights (red books), ownership of houses as well as land-attached assets.
- Enjoy the fruits of labor activities and investment structures on the land.
- To enjoy benefits due to the State’s works for the protection and improvement of agricultural land.
- The State provides guidance and assistance in renovating and supplementing agricultural land.
- To be protected by the State when their lawful rights and interests are infringed upon.
- Be compensated by the State when the land is recovered in accordance with the latest land compensation law.
- Have the right to complain and denounce violations of land use rights and land law.
People’s rights when using land
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Responsibilities of land users
Similarly, the user will also have other responsibilities when using the land for annual crops:
- Use land for the right purpose, right boundary, in accordance with regulations on depth in the ground and height in the air. Protect public works in the ground, comply with relevant legal regulations.
- Implement the plan for declaration, registration, and complete procedures for the conversion, transfer, lease, inheritance, donation of land use rights, mortgage, and capital contribution with land use rights in accordance with the law. .
- Perform financial obligations related to land in accordance with the law.
- Implement and ensure the implementation of land protection measures.
- Comply with regulations on environmental protection, without harming the legitimate interests of relevant land users.
- Follow the laws governing the cases of finding objects in the soil.
- Return the land to the State when there is an order of recovery, the use term expires without being extended.
Responsibilities of land users
What are the conditions for converting annual crops to residential land?
The process of converting annual cropland to residential land specifically depends on each locality. The following conditions should be noted when you want to change the land use purpose:
- Must get permission from the competent authority to change the land use purpose. Provincial-level People’s Committees shall decide to approve the change of land use purpose for organizations; District-level People’s Committees shall decide to grant permits for households and individuals.
- Have a certificate of land use right.
- Undisputed land;
- The land use right is not distrained to secure judgment enforcement;
- During the term of land use
Converting annual cropland to residential
In addition to the above conditions, when it is necessary to change the land use purpose, the agency will base on:
- The annual land use plan of the district has been approved by the competent authority.
- The need for land use should be clearly stated in the application for change of land use purpose.
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Land use fee payable
When converting annual cropland to residential land, the land user needs to pay the difference in land use fee. Specifically:
Land use fee = Residential land use fee – Agricultural land use fee.
In addition, land owners also need to pay additional fees for extracting and issuing certificates according to regulations.
Is it possible to build a house on land where annual crops are grown?
According to the law, the owner needs to comply with the purpose of land use that has been determined as originally. Therefore, building houses on other annual crops would violate land use laws. This is considered an act of building works on land that is not allowed to be built.
Is the land for annual crops acquired?
According to the provisions on land use term in the 2013 Land Law, land for growing annual crops has a specific use term as follows:
- For individuals and households that are assigned and recognized the land use right will have a term of 50 years.
- For individuals and households that are leased land by the State, the term will not exceed 50 years.
- For an organization that is allocated or leased land, it will be based on the investment project or the organization’s application for land allocation to consider and decide on a specific time, and the maximum term shall not exceed 70 years.
When the land use term expires, the owner needs to base on the actual condition of the land to extend it. If the extension is not carried out in accordance with regulations, the land may be confiscated by the state.
Term of land use
Is it possible to convert other perennial crops to residential land?
According to the law, the land for growing annual crops can be converted into residential land. However, this process requires the permission of the competent authorities. The land law allows the conversion of land types when certain conditions are met. Below are the rules and procedures for other annuals. When violating, land owners will be sanctioned by competent authorities depending on the severity.
Regulations on conversion of land use purposes
The provisions of the law on conversion of land use purposes are clearly stated in Article 57 of the 2013 Land Law, including:
1. Cases of change of land use purpose that must be permitted by a competent state agency include: Conversion of agricultural land to non-agricultural land;
2. When changing the land use purpose as prescribed in Clause 1. According to the provisions of law, the land user must fulfill financial obligations. The use mode, rights and obligations of the user shall be applied according to the type of land after changing the use purpose.
In fact, the conversion of land use purposes should be done in accordance with the process specified in Article 69 of Decree No. 43/2014/ND-CP. These procedures need to be followed because other perennial crops are designated as agricultural land.
Regulations on land use purposes
Process for converting other perennial crops to residential land
1. Land users submit an application for change of land use purpose with the Certificate to the natural resources and environment agency.
2. This agency will examine the application; be responsible for verifying the field, appraising the need to change the land use purpose; guide land users to fulfill their financial obligations as prescribed; submit to the People’s Committee at the competent level for decision permitting the change of land use purpose, direct the update and correction of records, land database and records.
In case the investor receives the transfer of the use right, it is necessary to carry out the procedures for transferring the land use right at the same time as the procedure for permitting the change of land use purpose.
3. The registrant for change of use purpose shall fulfill financial obligations as prescribed.
The process of changing land use purposes
The time limit for processing a request for land use purpose change shall not exceed 15 days or not exceed 25 days for regions with difficult socio-economic conditions such as mountainous communes, island areas, remote areas, and mountainous areas. far. This time is counted from the time the authorities receive the application for conversion. The conversion time is not counted from the time the land user completes the documents or other financial procedures.
So we just learned about the concept other annual crops. In addition, there are also notable related information on other topics about real estate, architecture, feng shui, etc. Regularly visit Mogi.vn to update interesting information about land and types of land. real estate!
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