The Ministry of Natural Resources and Environment responded to this issue as follows:

The limit for receiving the transfer of agricultural land use rights of households and individuals has been stipulated in Article 130 of the Land Law and Article 44 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government, regulating the detail implementation of a number of articles of the Land Law.

The identification of households and individuals directly engaged in agricultural production shall comply with the provisions of Clause 30, Article 3 of the Land Law, Article 3a of Decree No. 43/2014/ND-CP (added in Clause 2 of Article 2 of this Decree). 2 Decree No. 01/2017/ND-CP) and Article 3 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of the Ministry of Natural Resources and Environment.

Article 3a of Decree No. 43/2014/ND-CP (added in Clause 2, Article 2 of Decree No. 01/2017/ND-CP) stipulates that the commune-level People's Committee is responsible for certifying that households and individuals have a stable income from agricultural production as a basis for identification of households and individuals directly engaged in agricultural production when handling procedures for land allocation, registration for receipt of land transfer or donation, issuance of certificates, receiving land use rights, ownership of houses and other land-attached assets, and support when the State recovers them.

Article 3 of Circular No. 33/2017/TT-BTNMT has specified the bases for identifying households and individuals directly engaged in agricultural production.

According to the provisions of Clause 2, Article 169 of the Land Law, households and individuals may receive the transfer of land use rights regardless of their place of residence, except for the cases specified in Clauses 3 and 4, Article 191 and Article 192 of the Law on Land. Land.

It is recommended that Mr. Dung contacts the local Land Registry Office for instructions on implementation.