Chapter VII
AGRICULTURAL LAND USE REGIME
Article 68.- Regime on use of other agricultural land
1. Other agricultural land prescribed at Point e, Clause 4, Article 6 of this Decree shall be leased by the State to households, individuals; assigned by the State without land use levy collection to households, individuals directly engaged in agricultural productions in communes, wards or district townships where exists the land; assigned by the State with land use levy collection or leased to economic organizations engaged in agricultural production.
Users of land cultivated with annual crops other than land specialized in water rice, perennial trees, production forest land may register to change the purposes of using the land into other agricultural land, enclosed with schemes for production on other agricultural land. In case of changing from water rice land to other agricultural land, the permission of a competent State body is required.
2. Duration of assignment or lease of other agricultural land is prescribed as follows:
a) The land assignment duration for households, individuals shall be fifty (50) years;
b) The land lease duration for households, individuals shall not exceed fifty (50) years;
c) The land assignment or lease duration for economic organizations shall be the duration determined in projects but shall not exceed the duration prescribed in Clause 3 of Article 67 of the Land Law.
3. The other agricultural land use duration for cases of changing the use purposes from annual-crop land, perennial tree land or production-forest land shall be the land use duration of the land categories before the land use purpose changes.
4. The quotas of other agricultural land assignment to households, individuals shall be calculated in the land assignment quotas prescribed in Clause 4, Article 70 of the Land Law and Article 69 of this Decree.
Article 69.- Agricultural land assignment quotas
1. The annual-crop land, aquaculture land, salt-making land assignment quotas for each household or individual shall not exceed three (3) hectares for each land category for the provinces and centrally run cities in the Eastern South Vietnam and the Mekong river delta region; and shall not exceed two (2) hectares for each land category for other provinces and centrally run cities.
2. The assignment quotas of annual-crop land, perennial-tree land, forest land, aquaculture land, salt-making land in buffer zones of special-use forests for each household or individual shall comply with the provisions of Article 70 of the Land Law and Clause 1 of this Article.
3. For agricultural land areas being currently used by households, individuals, which are located outside the communes, wards or district townships of their permanent residence registration, such households or individuals may continue using such land; if it is the land assigned without the collection of land use levies, it may be calculated into the agricultural land assignment quotas of each household or individual.
The district-level Sections of Natural Resources and Environment which have assigned agricultural land without the collection of land use levies to households, individuals shall send notices to the People's Committees of the communes, wards or townships where such households or individuals register their permanent residence registration
for calculation of agricultural land assignment quotas.
4. The provincial/ municipal People's Committees shall prescribe the quotas of assignment of unused land, bare hill and mountain land, unused water surface land to households, individuals for putting to use under plannings, which, however, must not exceed the land assignment quotas prescribed in Clause 5, Article 70 of the Land Law.
5. Agricultural land areas of households, individuals, which have been acquired due to transfer, lease, sublease, bequeathal, donation of land use right, reception of capital contribution with the land use rights from other persons, land contracted or leased by the State shall not be calculated into agricultural land assignment quotas prescribed in Clauses 1 and 2 of this Article.
Article 70.- Assignment of land for agricultural production, forestry, aquaculture, salt making to households, individuals
1. Households, individuals that had been assigned agricultural land before July 1, 2004 may continue using the land for the remaining land assignment duration.
2. For localities where land has not been assigned for agricultural production, forestry, aquaculture, salt making to households, individuals according to the provisions of land legislation, the People's Committees of communes, wards or townships where exists the land shall draw up schemes proposing the People's Committees of rural districts, urban districts, provincial capitals or towns to assign agricultural land to household members living mainly on agricultural production, forestry, aquaculture, salt making and permanently residing in the localities, including people who are performing the military service obligations.
The commune, ward, township People's Committees shall consider and include in the schemes on land assignment to households, individuals having demands to use agricultural land for production the following subjects:
a) Persons with main subsistence sources coming from agricultural production, forestry, aquaculture and/or salt making, who are certified by commune, ward or district township People's Committees as permanent residents in the localities but having not yet had their permanent residence registration;
b) Households and individuals, that were previously engaged in non-agricultural production and business lines and have had permanent residence registration in the localities but are now unemployed;
c) State officials and employees, workers and army men, who leave their jobs due to working capacity loss or to production reorganization, staff streamlining, enjoy lump-sum allowances or allowances for several years and return to reside in the localities;
d) Children of State officials or employees, public servants, workers living in the localities, who reach the working ages but haven't got jobs.
3. The assignment of land for agricultural production, forestry, aquaculture, salt making to households, individuals shall be carried out under the following principles:
a) Boosting production development and rural stability on the basis of the current situation;
b) Right subjects, fairness and avoidance of land field division.
Article 71.- Settlement of cases of excessive assignment of agricultural land
Basing themselves on the agricultural land assignment quotas prescribed in Article 70 of the Land Law and the provisions of Article 69 of this Decree, the commune, ward or township People's Committees shall revise and list the households and individuals with agricultural land areas assigned in excess of the prescribed quotas and report thereon to the People's Committees of rural districts, urban districts, provincial capitals or towns for land lease according to the following regulations:
1. Households using agricultural land areas assigned in excess of the prescribed quotas before January 1, 1999 shall be allowed to continue using such land for a duration being equal to half of the land assignment duration prescribed in Clause 1, Article 67 of the Land Law, then shift to lease the land.
2. Households using agricultural land areas assigned in excess of the prescribed quotas between January 1, 1999 and before July 1, 2004 and having already shifted to lease land shall be allowed to continue leasing such land for the remaining duration of the land lease terms inscribed in the land lease contracts; in cases where they have not yet shifted to lease land, they must shift to lease land as from July 1, 2004 and the land lease term shall be the remaining duration of such land assignment duration.
3. Individuals using agricultural land areas assigned in excess of the prescribed quotas before July 1, 2004 must shift to lease land as from July 1, 2004; the land lease term shall be the remaining duration of such land assignment duration.
Article 72.- Use of protective forest land, special-use forest land
1. Protective forest-managing organizations, special-use forest-managing organizations shall be assigned land by the State without the collection of land use levies for forest management, protection, zoning off for regeneration or forestation under the land use plannings or plans already approved by competent State bodies.
The protective forest-managing organizations and special-use forest-managing organizations shall contract protective-forest land or special-use forest land for forest protection, zoning off for regeneration according to the Government's regulations.
2. The protective forest-managing organizations and the special-use forest- managing organizations shall have the following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of the Land Law;
b) To use land in combination with other purposes according to law provisions on forest protection and development.
3. Organizations, households and individuals, that are assigned protective forest land in areas where the protective forest-managing organizations are not yet available and land planned for protective forest planting for forest protection and development shall have the rights and obligations prescribed in Clause 2 of this Article.
4. Organizations, households and individuals, that are assigned or leased land in buffer zones of special-use forests for use for the purposes of forestry production, research, experiment or for use in combination with defense, security according to the regulations on protection and development of forests of buffer zones, shall have the rights and obligations prescribed in Clause 2 of this Article.
5. Population communities which are assigned by the State protective forests according to the provisions of the Law on Forest Protection and Development, shall be assigned protective-forest land for forest protection and development; and have the rights and obligations as provided for by the Law on Forest Protection and Development.
Article 73.- Contracting of land used for purposes of agricultural production, forestry, aquaculture, salt making in State enterprises
The contracting of land used for purposes of agricultural production, forestry, aquaculture, salt making is stipulated as follows:
1. The contracting parties shall be State enterprises assigned or leased agricultural land by the State for use for purposes of agricultural production, forestry, aquaculture and/or salt making.
2. The contracted parties shall be organizations, households and individuals, that are contracted land for the purposes of agricultural production, forestry, aquaculture and/or salt making.
3. The rights and obligations of the contracting parties and the contracted parties shall comply with the Government's regulations.
Article 74.- Agricultural land used for public-utility purposes of communes, wards or district townships
1. The agricultural land funds used for public-utility purposes of communes, wards or townships shall be used for the following purposes:
a) Construction of public facilities of communes, wards or townships, including cultural works, physical training, sport, entertainment, public recreation, medical, educational works, marketplaces, cemeteries, graveyards and other public works as provided for by the provincial/municipal People's Committees;
b) Compensation to persons who possess land used for construction of public works prescribed at Point a of this Clause;
c) Construction of gratitude houses.
2. For land areas not yet used for the purposes defined in Clause 1 of this Article, the commune, ward or township People's Committees shall lease them to households and individuals in the localities for agricultural production, aquaculture in form of auction for contracts. The land use duration for each lease shall not exceed five (5) years.
Article 75.- Land used for farm economy
1. Land used for farm economy of households, individuals, as provided for in Article 82 of the Land Law shall include:
a) Land for cultivation of annual crops, perennial trees, production forest land, aquaculture land, salt making land, land for construction of cattle, poultry and other law-permitted animal shelters and farms; land for construction of greenhouses and other types of house in service of cultivation including forms of cultivation not directly on land; plant nursery and animal breeding land;
b) Land for construction of intra-farm passages, canals and ditches;
c) Land for construction of establishments for animal feeds processing, agricultural, forestry, fishery, salt product processing; land for construction of drying yards, storehouses; land for construction of service establishments in direct service of agricultural production, forestry, aquaculture, salt making; land for construction of lodging houses for laborers and farm guards.
2. Households and individuals using land for farm economy must use land for the right set purposes; in case of changing the purposes of using assorted land, they must work out schemes on production and/or business in association with land use and submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for consideration and approval, must register the land use purpose changes and pay land use levies according to law provisions.
Article 76.- Agricultural land used by population communities
1. Ethnic minority population communities that are using agricultural land in accordance with their customs and practices shall be allowed to continue using the land.
2. Ethnic minority population communities wishing to use agricultural land for the conservation of their respective ethnic traits shall be considered for land assignment without land use levy collection by People's Committees of rural districts, urban districts, provincial capitals or towns.
3. The agricultural land assignment duration shall comply with the provisions of Clause 1, Article 67 of the Land Law.
4. The agricultural land-using population communities defined in Clauses 1 and 2 of this Article shall be granted the land use right certificates.
5. Ethnic minority population communities using agricultural land shall have to protect the assigned land, may use the land for agricultural production in combination with forestry, aquaculture; and must not use such land for other purposes.
Article 77.- Land with inland water surfaces covering areas of many provinces, centrally-run cities
1. Ministry of Fisheries shall decide to set up the Management Boards for management and exploitation of lakes, lagoons covering areas of many provinces, centrally-run cities.
2. The provincial/municipal People's Committees shall decide on assignment of land with lake, lagoon water surfaces in their respective localities to the Management Boards.
3. The Management Boards may contract the water surfaces to economic organizations, households and individuals for use for aquaculture, exploitation of aquatic resources or in combination with ecological tourism.
4. Persons using water surfaces for aquaculture and aquatic resource exploitation must protect the environment and landscapes.
Tìm kiếm
Nghị định 181/2004/NĐ-CP (Bản Word)