Enterprises receiving agricultural land transfer: What to note?

Enterprises receiving agricultural land transfer necessary to pay attention to the conditions for receiving the transfer, especially the land use plan and transfer restrictions. This article by Long Phan Consulting Company will provide detailed information about relevant legal regulations, helping businesses avoid risks and carry out transfer transactions effectively.

Is an enterprise receiving agricultural land transfer required to have a land use plan?

Clause 6 Article 45 Land Law 2024 regulations economic organizations want to receive transfer of agricultural land use rights, the agricultural land use plan must be approved by the district People’s Committee. This plan requires the following contents:

• Location, area, land use purpose.
• Agricultural production and business plan.
• Investment capital.
• Land use term.
• Land use progress.

The Land Law 2024 clearly stipulates agricultural land use plan is mandatory for businesses. This is to ensure that agricultural land is used effectively and for the right purpose, as well as limit land speculation. Complying with legal regulations will help businesses avoid legal and financial risks during operations.

>>> See more: Enterprises Receiving Land Transfer for Projects.

How much is the penalty for a company receiving agricultural land transfer without a land use plan?

Clause 1 Article 19 of Decree 123/2024/ND-CP, stipulates administrative fines for economic organizations that transfer agricultural land use rights without a land use plan approved by the district People’s Committee, as follows:

• Fine from 20,000,000 VND to 30,000,000 VND for land area less than 0.5 hectares;
• Fines from 30,000,000 VND to 50,000,000 VND for land areas from 0.5 hectares to less than 1.0 hectares;
• Fines from 50,000,000 VND to 100,000,000 VND for land areas from 1.0 hectares to less than 3.0 hectares;
• Fine from 100,000,000 VND to 200,000,000 VND for land area of ​​3 hectares or more.

In addition, apply remedial measures to force the preparation of agricultural land use plans and submit them to the district-level People’s Committee.

The above fine is calculated as 2 times the individual’s fine according to Clause 2, Article 5 of Decree 123/2024/ND-CP.

Enterprises need to pay attention when receiving transfer of agricultural land use rights to avoid unnecessary violations.

>>> See more: Contribute capital with land use rights to FDI enterprises.

In case the enterprise is not allowed to receive land use rights transfer

According to the provisions of Clause 8, Article 45 of the Land Law 2024, enterprises are not allowed to receive land use rights transfer in the following cases:

• It is not allowed to transfer the rights to use protective forest land or special-use forest land from individuals, except in cases of changing the land use purpose according to planning and plans approved by competent authorities.
• The law does not allow economic organizations with foreign investment to receive land use rights transfer.

The above regulations are intended to ensure reasonable land use, protect forests and natural resources, and maintain the stability of the real estate market. Businesses need to clearly understand these cases to avoid violating the law and protect their rights.

Consulting services for businesses receiving agricultural land transfer

Long Phan Consulting Company provides professional consulting services for businesses receiving agricultural land transfers, including:

• Consulting on conditions for businesses receiving agricultural land transfer.
• Evaluate the legality of agricultural land transfer transactions.
• Draft and review agricultural land use rights transfer contracts.
• Representing customers to participate in negotiations with related parties.
• Support customers in completing administrative procedures at competent state agencies.
• Resolve disputes arising during the transaction process (if any).

With extensive experience and expertise, Long Phan Consulting Company is committed to assisting businesses in completing the procedures for receiving agricultural land transfer in a legal, transparent, and efficient manner.

Frequently asked questions when businesses receiving agricultural land transfers

Below are frequently asked questions that customers can refer to:

In addition to the land use plan, what other conditions do businesses need to meet to receive agricultural land transfer?

Enterprises need to ensure the conditions of legal status, financial capacity and experience in the agricultural field. In addition, it is necessary to comply with local land use planning regulations.

What do agricultural land use rights transfer documents include?

Documents usually include: transfer contract, land use right certificate, approved land use plan, legal documents of the enterprise and other related documents according to regulations.

What risks are commonly encountered when businesses receive agricultural land transfers?

Common risks include: legal risks (invalid documents, disputes), planning risks (land in changed planning), financial risks (land price fluctuations).

What should you keep in mind when making a contract to transfer agricultural land use rights?

It is necessary to clearly show information of the parties, land plot information, land use purpose, transfer price, payment method, terms and conditions, rights and obligations of the parties, and penalty provisions for violations.

In case the transferred agricultural land is in dispute, what should an enterprise do?

In case a dispute arises, the enterprise should negotiate with the transferor to resolve it. If unsuccessful, a lawsuit can be filed in a competent court.

What should businesses do to reduce legal risks?

To minimize legal risks arising during the transfer of land use rights, businesses need to carefully examine legal documents related to the land plot intended to be transferred.

Notes on implementing agricultural land use plans after receiving transfer?

When implementing an agricultural land use plan, it is necessary to comply with the approved contents in the plan, in addition, it must be consistent with the local land use planning.

If a business violates the land use plan, how will the enterprise be administratively punished?

In case of violating the land use plan, the enterprise will be fined according to the fines specified in Clause 1, Article 19 of Decree 123/2024/ND-CP, in addition, it is necessary to overcome the consequences by following the correct plan.

Conclude

Enterprises receiving agricultural land transfers require caution and compliance with legal regulations. To ensure transactions take place smoothly and safely, customers can contact Long Phan Consulting Company via the hotline 0906735386 for detailed advice.