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Agricultural land is "untied", should we invest?

VN (according to VTC News) September 1, 2024 12:55

Immediately after the 2024 Land Law took effect, many individuals and groups of investors bought up agricultural land to take advantage of the innovations.

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Agricultural land prices are rising, should we invest now?

Mr. Nguyen Minh Hai, an agricultural land broker in Quoc Oai (Hanoi), said that in recent months, many investors have been hunting and buying agricultural land, including rice fields, making transactions in this segment very busy. Investors revealed that they want to buy cheap agricultural land to wait for high compensation or housing, according to the new regulations of the 2024 Land Law.

According to Mr. Hai, previously, the recipients of agricultural land transfers were limited to local people, even farmers from other localities were not allowed to buy, so investors had to ask someone to stand in their name. However, according to the revised Land Law, the recipients of transfers are unlimited. Therefore, this market has recently become more and more vibrant.

Commenting on this trend, Mr. Pham Duc Toan, General Director of EZ Property Company, said that the real estate market is seeing many investors and groups of investors buying agricultural land to anticipate changes under the revised Land Law. One of the changes that most investors pay attention to is the expansion of the limit for receiving agricultural land use rights transfer to no more than 15 times the local land allocation limit.

In addition, the transfer recipients are also expanded, accordingly, individuals and organizations that do not directly produce agriculture can also receive transfers.

In particular, if agricultural land is reclaimed, compensation will be made in cash or housing. This makes many investors want to "hold" the land to wait for compensation and enjoy the difference.

In addition, in the past, due to many legal and regulatory problems, the transfer of agricultural land was very complicated and the transfer value was not high. However, when the revised Land Law took effect, the problems were almost resolved, so agricultural land began to attract investors' attention again.

However, according to Mr. Toan, if investing in agricultural land at this time, investors will also face many risks.

Specifically, the recent land fever has caused agricultural land to establish a new level, so no one is currently willing to sell at a low price. Especially, if the areas are in the planning, no one will sell but they will wait to receive high compensation.

"I know there are groups of agricultural land investors who have failed, selling at a loss but no one bought. Therefore, investing in agricultural land has more risks than opportunities, so you need to be very careful.", Mr. Toan said.

Sharing the same view, Dr. Dinh The Hien also said that, from an investment perspective, buying agricultural land is ineffective. In fact, the situation of abandoned agricultural land is not rare.Buying agricultural land and hoping to make a profit like the old speculative form is very likely to fail.", Mr. Hien said.

In addition, if there are agricultural lands that are allowed by the State to be converted into commercial and service land or residential land, they must be within the approved planning of the competent authority. Therefore, collecting and purchasing agricultural land and then waiting for the purpose to be converted and divided into plots for sale is very difficult to do.

Mr. Nguyen The Diep, Vice President of Hanoi Real Estate Club, also said that speculation on agricultural land poses many risks to investors. Because if a project is suspended for many years, investors will have their capital tied up.

In addition, it is very difficult, if not impossible, to convert agricultural land to other land.

Notable changes on agricultural land in the revised Land Law:

Clause 1, Article 96: "Households and individuals using agricultural land when the State recovers land, if they meet the conditions for compensation according to regulations, shall be compensated with agricultural land or money or land with a purpose of use different from the type of recovered land or with housing".

Clause 6, Article 11: “Households and individuals whose agricultural land or non-agricultural land other than residential land is recovered, if they meet the conditions for land compensation according to regulations, and have a need for compensation in the form of residential land or housing and the locality has conditions for residential land and housing funds, shall be compensated by allocation of residential land or resettlement housing”.

Clause 8, Article 45 stipulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive donations of land use rights. Accordingly, the following cases are not allowed to receive transfers or receive donations of land use rights:

- Economic organizations are not allowed to receive transfers of land use rights for protective forests and special-use forests from individuals, except in cases where land use purposes are changed according to land use planning and plans approved by competent authorities;

- Individuals who do not live in protective forests or special-use forests are not allowed to receive transfers or gifts of land use rights for housing and other land in protective forests, strictly protected zones, or ecological restoration zones in those special-use forests;

- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.

Thus, the 2024 Land Law no longer stipulates that individuals who are not directly involved in agricultural production cannot receive transfers or gifts of land use rights for rice cultivation.

VN (according to VTC News)
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Agricultural land is "untied", should we invest?