Mr. Duong Quy Bac transferred land for perennial trees (rubber) with an area of 4 ha that gives a stable income, in which 3 ha had a red book and changed his name 10 years ago. Mr. Bac is the subject of enjoying regular salary. Mr. Bac would like to ask, doeshe get a recognition by State for  use the remaining 1 ha of land?

According to Mr. Bac, based on Clause 30, Article 3 of the Land Law, he is considered as a person directly engaged in agricultural production but according to Clause 2, Article 3 of Circular 33/2017 / TT-BTNMT of the Ministry of Natural Resources and Environment. He is not directly subject to agricultural production.

Regarding this issue, the General Department of Land Administration, Ministry of Natural Resources and Environment answers as follows:

Article 191 of the Land Law 2013 stipulates:

"Điều 191. Trường hợp không được nhận chuyển nhượng, nhận tặng cho quyền sử dụng đất

1. Organizations, households, individuals, communities, religious establishments, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.

2. Economic organizations may not acquừe the rights to use paddy land, protective forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the master plans, plans on land use approved by competent state agencies.

3. Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.

4. Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protective forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protective forests or special-use forests".

Based on the above provisions, We recommend Mr. Bac to study and comply with the provisions of law.