Procedure for Restructuring Crops on Rice-Growing Land

The Procedure for Restructuring Crops on Rice-Growing Land must strictly comply with legal regulations to ensure food security and effective land use. Land users need to meet conditions under land and cultivation laws while following the correct documentation and procedures. Long Phan Consulting Company provides detailed guidance below.

What is rice paddy land? Definition and legal importance?

Rice-growing land is land used for growing at least one rice crop or for growing rice combined with other permitted purposes (where rice farming remains the primary use). It includes specialized rice-growing land and remaining rice-growing land.

According to Clause 2, Article 9 of the Law on Land 2024, rice-growing land belongs to the group of annual crop land (agricultural land). It is vital for national food security and sustainable agricultural development. While strictly protected regarding planning targets, the law allows mechanisms for restructuring crops to increase economic value and encourage high-tech agriculture without losing the land’s nature.

Conditions for changing the crop structure on current rice-growing land.

Based on Article 6 of Decree 112/2024/ND-CP, the principles for restructuring crops on rice-growing land are as follows:

1. Conformity with Clause 1, Article 56, Law on Cultivation 2018:
   • Match local land use planning, market demand, water sources, and climate conditions.
   • Form concentrated production areas associated with land consolidation and production chains.
   • Ensure effective use of existing infrastructure and match local infrastructure development orientation.
   • Crucial: Do not lose the necessary conditions to revert to growing rice.
2. Perennial Crops: Only permitted on remaining rice-growing land.
3. Restriction: Restructuring is not allowed in areas planned for high-yield, high-quality rice cultivation.
4. Planning: Must match the Plan for restructuring crops on rice-growing land issued by the competent authority.
5. Environment & Infrastructure: Do not cause pollution or land degradation; do not damage traffic, irrigation, or dyke works serving rice production.
6. Impact: Do not affect the cultivation of adjacent rice-growing areas.

>>>See more: Land Use Purpose Change Registration Procedure

Required Dossier for applying to change the crop structure on rice land.

According to Decision 1000/QD-BNNMT, to perform the Procedure for Restructuring Crops on Rice-Growing Land, Clients only need to prepare 01 dossier set, primarily consisting of:

• Registration Form: Registration for restructuring crops and livestock on rice-growing land.

Note: Clients must complete the form accurately using the standard template in Appendix IV of Decree No. 112/2024/ND-CP to ensure compliance and avoid delays.

The current process for restructuring crop patterns on rice-growing land.

The process ensures State control and follows Decision 1000/QD-BNNMT:

Step 1: Submission Land users wishing to switch to perennial crops or rice combined with aquaculture submit the dossier to the Commune-level People’s Committee (Directly, via post, or online).

Step 2: Validity Check

• Direct submission: Checked and responded to immediately.
• Postal submission: Checked and responded to within 03 working days.
• Online submission: Checked and responded to within 01 working day.

Step 3: Appraisal and Result Within 05 working days from receiving a valid dossier, the Commune-level People’s Committee reviews the Registration Form against the annual local restructuring plan:

• If compliant: Issues a written Approval (Appendix V, Decree 112/2024/ND-CP).
• If non-compliant: Issues a written Notification stating reasons (Appendix VI, Decree 112/2024/ND-CP).

Processing Time: 

05 working days from the date of receiving a complete and valid dossier.

Long Phan Consulting provides consulting services on crop restructuring for rice-growing land.

Long Phan Consulting Company provides in-depth legal services to ensure strict compliance:

• Evaluation: Assessing the rice land plot and conditions for restructuring according to the law.
• Dossier Support: Guiding the collection and perfection of documents; drafting the Registration Form correctly.
• Representation: Submitting the dossier to the competent authority; monitoring the process.
• Explanation: Supporting explanation or supplementation if requested by state agencies.
• Technical Advice: Advising on technical measures to maintain the ability to revert to rice farming as committed.

Some frequently asked questions about the procedure for changing the production structure on rice-growing land.

Below are some frequently asked questions regarding the procedure for changing the production structure on rice-growing land; please refer to them:

Is this procedure considered a change of land use purpose?

No. Restructuring crops changes the type of plant/animal but maintains the land purpose as agricultural land (rice-growing land). It is not a conversion to non-agricultural land. (Legal Basis: Clause 5, Article 182, Law on Land 2024).

Can I proceed if it doesn’t match the commune’s plan?

No. A prerequisite is conformity with the commune-level restructuring plan approved by the competent authority. Non-conforming applications will be rejected. (Legal Basis: Article 6, Decree 112/2024/ND-CP).

What is the penalty for unauthorized restructuring?

Restructuring without complying with procedures, losing the ability to revert to rice, or damaging the land will result in administrative penalties in the land sector. Fines increase based on the area of violation. (Legal Basis: Article 8, Decree 123/2024/ND-CP).

Do I need to adjust the Land Use Rights Certificate (Red Book)?

No. Since the land use purpose remains unchanged (still rice-growing land), Clients do not need to adjust or re-issue the Certificate. (Legal Basis: Clause 3, Article 121, Law on Land 2024).

Conclusion

The Procedure for Restructuring Crops on Rice-Growing Land requires careful preparation and strict adherence to legal conditions. Please contact Long Phan Consulting Company via Hotline 1900636389 for professional support to develop agricultural production legally and effectively.