Chapter IX
MANAGEMENT AND PUTTING OF UNUSED LAND TO USE
Article 95.- Management of unused land
The People’s Committees of all levels shall have to strictly manage the unused land funds and the putting of unused land to use in their respective localities according to the following regulations:
1. When land statistics, inventories are conducted, the unused land shall be divided into three (3) categories, including unused delta land, unused hilly and mountain land and forestless rock mountain.
For each land category, it is necessary to clearly determine the land area not yet put to use by the State but being illegally occupied.
2. Upon land statistics and inventories, it is necessary to determine the land areas, which have been already assigned, leased, recognized with the land use rights by the State but are being left uncultivated, for recovery and addition to the local unused land funds.
3. When land use plannings are drawn up, it is necessary to clearly determine the funds of unused land to be put to use in that planning period; when land use plans are elaborated, it is necessary to clearly determine the annual tempo of putting unused land to use.
Article 96.- Measures of putting unused land to use according to the approved land use plans
1. Assigning without the collection of land use levies unused land in border regions, islands, deep-lying, remote, high-land or large but thinly-populated regions to people's armed force units, youth volunteers' units or economic organizations for reclamation and putting of land to use.
2. Assigning without the collection of land use levies unused land to households or individuals directly engaged in agricultural production in the localities, that have not yet been assigned land or lack production land in order to improve and use such land for the purposes of agricultural production, forestry, aquaculture, salt making according to the land assignment quotas prescribed in Article 70 of the Land Law and Clause 4, Article 69 of this Decree.
In case of excess of the land assignment quotas as provided for in Clause 4, Article 69 of this Decree, the households or individuals must lease land with regard to the land areas in excess of the prescribed quotas.
3. Leasing unused land to households or individuals not directly engaged in agricultural production in the localities and other localities for improving and using such land for the purposes of agricultural production, forestry, aquaculture, salt making.
4. Assigning with the collection of land use levies or leasing unused land to economic organizations, overseas Vietnamese; leasing unused land to foreign organizations, foreigners for execution of investment projects on agricultural or non-agricultural production and business.
5. The State adopts policies for investment in infrastructures in border regions, islands, deep-lying, remote, high-land or large but thinly-populated regions and regions under difficult natural conditions in order to realize the plans of putting unused land to use for agricultural production purposes.
The State adopts policies on land use levy and/or land rent exemption or reduction in cases where unused land is assigned or leased for improvement and putting to use.
Article 97.- Self-reclaimed land, unused land being occupied
1. Households and individuals using agricultural land which has been reclaimed by themselves and conformed with the approved land use plannings, is dispute-free and used efficiently shall have their land use rights recognized by the State for the land areas within the agricultural land assignment quotas prescribed in Clauses 1, 2, 3 and 4, Article 70 of the Land Law; in case of excess of the prescribed quotas; the quotas prescribed in Clause 5, Article 70 of the Land Law and Clause 4, Article 69 of this Decree, shall be added; in case of excess of the added quotas, they must shift to lease land for the land areas exceeding the prescribed quotas. All cases mentioned in this Clause shall be granted the land use right certificates.
2. For households and individuals using non-agricultural land reclaimed by themselves, the land use right recognition and the granting of land use right certificates shall comply with the provisions of Clause 6, Article 50 of the Land Law.
3. For organizations using agricultural land reclaimed by themselves, the land use right recognition and the granting of land use right certificates shall comply with the provisions of Article 49 of this Decree.
4. For organizations using non-agricultural land reclaimed by themselves, the land use right recognition and the granting of land use right certificates shall comply with the provisions of Articles 51, 52 and 53 of this Decree.
5. Where unused land is occupied without investment in the improvement thereof for putting to use, the State shall recover the land.
Tìm kiếm
Nghị định 181/2004/NĐ-CP (Bản Word)