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Land Use for Rice Cultivation: Must it be Conceived as Annual Crops? Can Users Change the Structure of Crops and Livestock?
1. Is Land for Rice Cultivation Considered as Annual Crops?
According to Article 4 of Decree 102/2024/NĐ-CP, the following is defined:
"’Annual crops’ are lands used for the cultivation of crops that are planted, harvested, and completed in a production cycle of less than one year, including perennial crops retained with their roots. Annual crops include land for rice cultivation and other annual crops, specifically as follows:"
- "Land for rice cultivation" is land used for rice cultivation from one or more rice crops, or land for rice cultivation in combination with other permitted land uses, with rice cultivation as the main purpose. This includes specialized rice cultivation land and other remaining rice cultivation land, of which specialized rice cultivation land is land for rice cultivation from 02 rice crops onwards.
2. Can Users Change the Structure of Crops and Livestock on Rice Land?
According to Article 182 of the 2024 Land Law, the following is defined:
"Cultivators of rice land have the responsibility to improve and maintain soil fertility, and are not allowed to convert the land to other uses without permission from the competent state agency. If the State assigns or leases land for non-agricultural use from specialized rice cultivation land, the following conditions apply:"
- They must have a plan for using the topsoil according to regulations on cultivation and must pay a security deposit to the State to compensate for the loss of specialized rice cultivation land or to improve the efficiency of rice cultivation, except for projects funded by the State or foreign investment under the relevant laws and regulations;
- They must implement measures to protect the environment and not harm the adjacent rice cultivation area.
"5. Cultivators of rice land are allowed to change the structure of crops and livestock on the rice land, but must ensure that the conditions necessary for rice cultivation are maintained and meet the regulations on rice cultivation, and are also allowed to use a part of the land to build infrastructure for direct agricultural production."
Therefore, rice land users are allowed to change the structure of crops and livestock on the rice land, but must ensure that the conditions necessary for rice cultivation are maintained and meet the regulations on rice cultivation, and are also allowed to use a part of the land to build infrastructure for direct agricultural production.
Is Changing the Purpose of Rice Land to Perennial Crops Required?
According to Point a, Clause 1, Article 121 of the 2024 Land Law, the following is defined:
"Cases requiring a change of land use permit include:"
"a) Changing land for rice cultivation, special-use forest land, forest land, and agricultural land to other land in the same group of agricultural land;"
Therefore, when changing the purpose of rice land to perennial crops, permission must be obtained from the competent state authority.
Conclusion
Based on the regulations above, it can be concluded that rice land is considered an annual crop, and users are allowed to change the structure of crops and livestock on the rice land, but must ensure that the conditions necessary for rice cultivation are maintained and meet the regulations on rice cultivation, and are also allowed to use a part of the land to build infrastructure for direct agricultural production. Changing the purpose of rice land to perennial crops requires permission from the competent state authority.