Chapter III
SOLUTIONS
Article 6.- Regarding land
1. State-owned farms shall review and declare by themselves their land use, report to the People's Committees of the provinces or centrally-run cities where their land is located and to their superior agencies being ministries, ministerial-level agencies, Government-attached agencies or State corporations on the contents guided by the Natural Resources and Environment Ministry.
2. The provincial/municipal People's Committees shall assume the prime responsibility for, and coordinate with the ministries, ministerial-level agencies, Government-attached agencies or State corporations in, directing State-owned farms to formulate or adjust the detailed plannings on the use of land areas being managed and used by the farms in their localities in line with the approved local land use plannings and plans, the branch development plannings, the local socio-economic development plannings and plans, the schemes on arrangement, renewal and development of State-owned farms, and on the basis of the results of the reviews of State-owned farms' land funds.
The detailed land use plannings must clearly state land areas of each category to be retained for use, land use plans, land use terms and land areas transferred to localities.
3. The provincial/municipal People's Committees shall approve the detailed land use plannings of State-owned farms in their respective localities.
4. On the basis of the local schemes on arrangement, renewal and development of State-owned farms already approved by the Prime Minister, the provincial/municipal People's Committees shall assign and lease land to State-owned farms.
5. Forms of land assignment and lease:
a/ The State shall assign land without collecting land use levy to State-owned farms prescribed in Clauses 2 and 3, Article 5 of this Decree.
b/ The State shall lease land or assign land with the collection of land use levy to State-owned farms performing production and business tasks.
6. For land areas already contracted to workers' households and laborers, if properly performing the contracts and using land for the right purposes, the contracting households shall be allowed to continue using such land under the signed contracts with adjustments and/or supplements suitable to the farms' land management responsibilities. For land areas contracted to the contracting persons for use at their disposal (land leasing in substance), they shall be recovered according to procedures for assignment or lease according to the provisions of land legislation.
7. For farms' land areas which have been encroached upon, involved in disputes or violations, the provincial/municipal People's Committees shall direct the definitive settlement of each specific case according to law provisions.
8. The provincial/municipal People's Committees shall direct the delimitation of specific boundaries and placing of boundary markers for land use, perform measurements, compile cadastral dossiers and grant land use right certificates to land-using State-owned farms.
9. The provincial/municipal People's Committees shall recover land areas which farms do not use or are using for wrong purposes or inefficiently, land areas which have been leased, transferred or lent; land areas on which tree gardens have been sold; land areas of dissolved farms; land areas which must be adjusted because the production and business tasks are narrowed with competent authorities' approval for management and use according to the provisions of land legislation.
State-owned farms must hand all dossiers of the recovered land funds to the People's Committees of the provinces or centrally-run cities where exist such land funds.
10. Recovered land areas shall be assigned or leased according to the following provisions:
a/ To prioritize the assignment of land to households and individuals who are officials, employees and workers of the farms with land recovered but now cease to work for such farms or those of the dissolved farms, for use for agricultural production, salt making or aquaculture.
b/ To prioritize the assignment of land to ethnic minority people and peasants' households who are living in the localities but have no or insufficient land for production.
The land assignment terms and the limits of agricultural land assigned to the subjects prescribed at Points a and b of this Clause shall comply with current provisions of land legislation.
c/ Land areas already contracted by State-owned farms to households and individuals shall be assigned or leased to such households and individuals. The assigned land limits shall comply with current provisions of land legislation. The land assignment term shall start from the date of contracting.
d/ To continue leasing land areas which are being leased to organizations, households and individuals. The land use term shall start from the date of leasing.
e/ Land areas which farms have used for joint ventures or partnerships with other economic sectors shall be assigned with the collection of land use levy or leased to the joint venture parties or partners. The land use term shall start from the date of contract signing.
f/ Agricultural land areas on which tree gardens have been sold or land areas on which stables have been erected but the cattle herds have been sold shall be leased to organizations, households or individuals that have bought the tree gardens or cattle herds. The land use term shall start from the date of purchase of tree gardens or stables and cattle herds.
g/ The remaining land areas, after being assigned or leased in the cases specified at Points a, b, c, d, e and f of this Clause, shall be assigned or leased to other subjects in accordance with the approved local land use plannings and plans.
h/ Organizations, households and individuals that use land prescribed in this Article shall be granted the land use right certificates after they complete land assignment or lease procedures and fulfil the financial obligations prescribed by law.
11. Residential land shall be assigned to the People's Committees of rural districts, urban districts, towns and provincial cities where exists such land for management; where the users use such land in line with the approved land use plannings and plans, they shall be granted the land use right certificates and must fulfil the financial obligations prescribed by law.
Article 7.- Regarding capital, assets and finance
1. State-owned farms shall have to inventory, classify and determine all types of their existing capital, assets and liabilities; make financial statements up to the time of arrangement and renewal.
2. State-owned farms which are rearranged, dissolved or undergo ownership transformation under the plans approved by competent authorities shall have their outstanding financial, asset and liability problems considered and settled like State enterprises.
3. State-owned farms shall hand over their assets, including roads, irrigation works, school buildings, health stations which they have built with their investment, are managing and using in service of local public demands, to the provincial/municipal People's Committees or authorized units for management and use; hand over the electric systems which they manage and use to Vietnam Electricity Corporation for management. These assets, both assets and capital, shall be handed over in their present conditions according to the accounting books' figures at the time of hand-over. This work must be completed before December 31, 2004.
4. The Finance Ministry shall give specific guidance on the financial mechanism for the hand-over between farms and the involved parties.
5. Farms may retain the proceeds from the sale of tree gardens, planted forests, cattle herds and basic depreciation amounts for investing in intensive cultivation, garden re-planting, equipment procurement, technology renovation and infrastructure building according to the plannings and plans approved by competent authorities.
6. For farms located in deep-lying, remote or border areas, islands, strategic defense regions or areas with extreme socio-economic difficulties, they shall implement their infrastructure investment, maintenance and repair plans with State budget funds.
7. Factories and processing establishments shall be equitized according to current provisions of equitization legislation. Farms shall have their tree gardens associated with processing establishments equitized on a pilot basis. Preferential shares shall be sold to raw-material producers.
Article 8.- Labor policy
1. State-owned farms shall review the numbers of their existing officials, employees and laborers by the time of arrangement and renewal; make plans on arrangement of these officials, employees and laborers along the direction of providing them with jobs suitable to their abilities and strengths, then report such plans to competent bodies.
2. In the process of rearranging and reorganizing the production at State-owned farms, laborers who cannot be arranged into any jobs shall be entitled to the regimes prescribed in the Government's Decree No. 41/2002/ND-CP of April 11, 2002 and Decree No. 155/2004/ND-CP of August 11, 2004 on policies towards laborers who are left redundant as a result of rearrangement of State enterprises.
3. For laborers who have been assigned land of State-owned farms on a contractual basis, if the employer-employee labor relations are terminated, they shall not be entitled to the regimes prescribed in the Government's Decree No. 41/2002/ND-CP of April 11, 2002 and Decree No. 155/2004/ND-CP of August 11, 2004 but be provided with severance allowances prescribed in Article 42 of the Labor Code.
4. Officials who are directors, deputy directors, chief accountants and Managing Board members (if any) but are left redundant as a result of organizational rearrangement shall enjoy policies prescribed in the Government's Resolution No. 09/2003/NQ-CP of July 28, 2003 amending and supplementing the Government's Resolution No. 16/2000/NQ-CP of October 18, 2000 on streamlining payrolls in administrative agencies and non-business units. Payment sources shall come from the Redundant Labor Arrangement Support Fund according to the Government's Decree No. 41/2002/ND-CP of April 11, 2002 and Decree No. 155/2004/ND-CP of August 11, 2004.
5. Officials and workers who have received on a contractual basis production land, tree gardens or animal herds and now reach the retirement age shall be allowed to continue performing the contracts till the expiry of the contractual term. Upon the expiry of the contractual term, they shall be given priority to renew the contracts if they so wish.
6. For officials and employees who have received land, tree gardens or cattle herds of their farms on a contractual basis and got paid according to incomes from production results through the contracted land, tree gardens or cattle herds, all regulations on labor contracts must be complied with; wages, social insurance, medical insurance, labor protection amounts shall be included in production costs and expressed in the contracts.
7. For laborers who have received contracts but still enjoy rank- or position-based salaries, their contractual jobs must be expressed in the labor contracts according to current regulations. If their wages are included in the contracted results, the form of wage payment must be clearly stated in the labor contracts.
8. For laborers who are working at farms' establishments, when such establishments are handed over to localities for management under Clause 3, Article 7 of this Decree, localities shall have to receive such laborers, arrange jobs and provide benefits for them according to current regulations.
Article 9.- Regarding science and technology
1. State-owned farms shall step up the application of new scientific advances, technologies and high-technologies to production, processing and post-harvest product preservation.
2. Different forms of cooperation and partnership between State-owned farms and central, regional and/or local scientific research institutes, schools, centers and establishments shall be implemented to protect gene sources, select, cross-breed, and produce high-yield and -quality plant and animal varieties which are highly competitive in the market.
3. Farms must become centers for transfer and application of scientific and technological advances, provision of agricultural and forestry promotion services, and market information for their workers as well as local farmers; the State shall partially finance the performance of these tasks with the annual agricultural promotion funding sources of ministries and localities.
Tìm kiếm
Nghị định 170/2004/NĐ-CP (Bản Word)