Chapter II
ASSIGNING LAND, LEASING LAND, GRANTING FORESTRY LAND USE-RIGHT CERTIFICATES
Article 6.- Assigning forestry land to households and individuals
1. Households and individuals that have been assigned forestry land by the State under the Government’s Decree No. 02/CP of January 15, 1994 may continue to use such land in a stable and long-term manner and shall be granted land-use right certificates.
2. Households currently using forestry land in excess of the quota prescribed in Clause 1, Article 13 of this Decree before January 1st, 1999 may continue to use such land in a stable and long-term manner and shall be granted land-use right certificates.
Article 7.- Assigning forestry land planned for building and developing special-use forests
1. The State shall assign to the Board of Management of National Parks, the Board of Management of Nature Conservation Parks, the Board of Management of Cultural, Historical Areas and the Environment (hereinafter collectively referred to as the Boards of Management of Special-Use Forests) for management and use the forestry land planned for building and developing special-use forests under decisions of the Prime Minister or the presidents of the People�s Committees of the provinces and centrally-run cities.
2. The Boards of Management of Special-Use Forests shall assign forestry land through contracts to households currently living in the strictly-protected zones where there are not enough conditions to move them out of these zones, according to the Regulation on the contractual assignment of land by State enterprises for agricultural, forestrial and aquacultural purposes issued together with the Government’s Decree No. 01/CP of January 4, 1995.
3. For ecological rehabilitation zones, the Boards of Management of Special-Use Forests shall assign through contracts to households living in such zones for protection and afforestation.
4. For special-use forests with buffer zone projects but the area of the buffer forestry land is not incorporated in the planning of such special-use forests, the assignment or leasing of such buffer forestry land shall comply with the provisions in Clause 2, Article 8, and Article 9 of this Decree.
Article 8.- Assigning forestry land planned for building and developing protection forests
1. The State shall assign forestry land planned for building and developing headwater protection forests to the Boards of Management of Protection Forests under decisions of the Prime Minister or the presidents of the provincial People’s Committees for management, protection and building according to the approved planning and plan.
2. The State shall assign forestry land planned for building and developing less important protection forests, land of scattered headwater protection forests where there are not enough conditions for setting up a Board of Management of Protection Forests and various types of protection forest land prescribed at Points b, c and d, Clause 2, Article 3 of this Decree to other organizations, households and individuals for management, protection, afforestation and exploitation according to the guidance of the Ministry of Agriculture and Rural Development.
3. Organizations, households and individuals using protection forest land must observe the provisions of the land legislation and forest protection and development legislation.
Article 9.- Assigning forestry land planned for building and developing production forests
The State shall assign forestry land planned for building and developing production forests to households, individuals and domestic organizations prescribed in Clauses 1, 3, 4, 5 and 6, Article 4, and Article 6 of this Decree for use in forestrial production.
Article 10.- Leasing forestry land
The State shall lease forestry land to Vietnamese organizations, households and individuals and foreign organizations and individuals for forestrial uses as follows:
1. Land planned for building and developing production forests;
2. Headwater protection forest land in less important regions and various types of protection forest land prescribed at Points b, c and d, Clause 2, Article 3 of this Decree.
3. Special-use forestry land for dealing in landscapes, ecological tourism under the forest canopy according to the regulations of the Ministry of Agriculture and Rural Development.
Article 11.- Contracting forestry land
1. The Boards of Management of Special-Use Forests, the Boards of Management of Protection Forests and State enterprises which are assigned or leased forestry land by the State shall contract forestry land according to the Regulation on contractual assignment of land by State enterprises for agricultural, forestrial and aquacultural purposes, issued together with the Government’s Decree No. 01/CP of January 4, 1995 and the Prime Minister’s Decision No. 187/1999/QD-TTg of September 16, 1999 regarding the renewal of organization and managerial mechanism in State-run forestry farms.
2. Organizations, households and individuals that have planted agricultural perennial trees on forestry land without forests which is now assigned by the State to enterprises, if suited to the approved projects, shall shift to the forestry land-contracting form in accordance with the Regulation on contractual assignment of land by State enterprises for agricultural, forestrial and aquacultural purposes, issued together with the Government’s Decree No. 01/CP of January 4, 1995 or to the forestry land-leasing form.
Article 12.- Bases for assignment and leasing of forestry land
1. The forestry land fund of each locality
2. The present situation of the management and use of forestry land by organizations, households and individuals.
3. The assigned or leased forestry land quotas prescribed in Article 13 of this Decree.
4. The organizations’ forestry land use demand written in the projects approved by the competent State agencies; the households’ and individuals’ applications for land assignment or leasing certified by the commune-level People’s Committees of the localities where forestry land is located.
Article 13.- Quotas of assigned and leased forestry land
1. Quotas of forestry land assigned to households shall be decided by the provincial People’s Committees but must not exceed 30 hectares.
2. Quotas of forestry land assigned to organizations according to projects shall be approved by the competent State agency(ies).
3. Quotas of forestry land leased to organizations according to projects shall be approved by the competent State agency(ies); Quotas of forestry land leased to households and individuals shall depend on their land-leasing applications .
4. For uncultivated land, bare hills, coastal sand land and sea-encroaching land, the quotas of land assigned to households for forestrial use shall be decided by the provincial People’s Committees, depending on the local land fund and their production capacity, ensuring the implementation of the policy to encourage and create favorable conditions for the exploitation and use of these types of land for forestrial purposes.
Article 14.- Forestry land assignment and leasing durations
1. The forestry land assignment duration is prescribed as follows:
a/ The land assignment duration applicable to organizations prescribed in Clauses 2, 3, 4 and 6, Article 4 of this Decree shall conform to the projects approved by the competent State agency;
b/ The land assignment duration applicable to organizations prescribed in Clause 5, Article 4 of this Decree shall last until the expiry of the duration already assigned by the State;
c/ The land assignment duration applicable to households and individuals for stable and long-term use shall be 50 years. Upon the expiry of this duration, if the land users wish to continue using such forestry land and during the course of using such land they have strictly observed the land legislation and the forest protection and development legislation, they shall be considered and assigned such land by the competent State agency for continued use. If they plant trees with a cycle of over 30 years, after the expiry of this duration they shall still be assigned land for use.
2. The forestry land assignment duration is calculated as follows:
a/ For organizations, households or individuals that were assigned forestry land by the State from October 15, 1993 backwards, their forestry land assignment duration shall be uniformly calculated from October 15. 1993;
b/ For organizations, households or individuals that were assigned forestry land after October 15, 1993, their forestry land assignment duration shall be calculated from the date of assignment;
3. The forestry land-leasing duration for organizations, households and individuals shall be determined on the basis of the projects approved by the competent State agencies or the land-leasing applications of households or individuals but must not exceed 50 years.
Where a project needs to lease forestry land for a duration of more than 50 years, it must be decided by the Prime Minister but not exceed 70 years.
Upon the expiry of this duration, if the organization, household or individual still needs to lease such forestry land and has used such land for the right purpose, the State shall consider and continue to lease the land to such organization, household or individual.
Article 15.- Combined agro-forestrial production
Organizations, households and individuals that are assigned or leased forestry land by the State as prescribed in Clause 4, Article 7, Clause 2, Article 8 and Article 9 of this Decree may use the area of land without forests for growing agricultural perennial trees which can help protect the environment in a sustainable manner or constructing facilities in service of landscape tourism under the forest canopy according to each project approved by the competent State agency.
Article 16.- Competence to assign or lease forestry land
1. The district-level People’s Committees shall decide the assignment and leasing of forestry land to households and individuals.
2. The provincial People’s Committees shall decide the assignment and leasing of forestry land to organizations.
Article 17.- Granting of forestry land use right certificates
1. The State agencies competent to assign and lease forestry land prescribed in Article 16 of this Decree shall be also the agencies competent to grant forestry land use right certificates. In cases where the Government makes forestry land assignment decisions, the provincial People’s Committees shall grant the forestry land use certificates.
2. Organizations, households and individuals that have been assigned or leased forestry land by the State shall be granted land use right certificates.
3. Organizations, households and individuals currently using forestry land which has neither been assigned nor leased before the effective date of this Decree, if no dispute arises and they have used such land for the right purpose, they shall be considered and assigned or leased land and granted land use right certificates.
4. The land administration agencies shall assist the People’s Committees of the same level in processing the procedures for land assignment, land leasing and granting forestry land use right certificates.
Tìm kiếm
Nghị định 163/1999/NĐ-CP (Bản Word)