Circular No. 04/2005/TT-BTNMT guiding measures for land management and use when reorganizing, reforming, and developing state-owned forestry and agricultural farms.

CIRCULAR

Guidelines on measures for land management and utilization when restructuring, reforming, and developing state-owned farms and forestry enterprises

đổi mới và phát triển các nông, lâm trường quốc doanh ||| reform and develop state-owned farms and forestry enterprises

Pursuant to the Land Law dated November 26, 2003

Pursuant to Decree No. 170/2004/NĐ-CP  dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned farms;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on the reorganization, modernization, and development of state-owned forest enterprises;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment guides the implementation of measures regarding land management and utilization when restructuring, reforming, and developing state-owned farms and forestry enterprises as follows:

PART I. SCOPE OF REGULATION AND APPLICABLE SUBJECTS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides guidelines on measures regarding land management and utilization when implementing the restructuring, reforming, and developing of state-owned farms and forestry enterprises as stipulated in Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned farms and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry enterprises.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The applicable subjects of this Circular include:

2.1. People's Committees at all levels and Ministries, ministerial-level agencies, government agencies, and State-owned corporations currently managing state-owned farms and forestry enterprises as specified in Points 2.2 and 2.3 of this Clause.

2.2. State-owned farms, state-owned agricultural enterprises granted land use rights by the State for the primary purpose of agricultural production (hereinafter referred to collectively as "farms").

2.3. State-owned forestry enterprises, forest protection management boards, special-use forest management boards, state-owned forestry companies granted land use rights by the State for the primary purpose of forest management and protection or forestry production and business (hereinafter referred to collectively as "forestry enterprises").

2.4. Organizations, households, and individuals currently using residential land, agricultural production land, non-agricultural land with origins from land of farms and forestry enterprises through leasehold contracts, purchase of orchards, use of livestock sheds with purchased herds, joint ventures, production linkages, land rental, borrowing, transfer of land use rights, encroachment, or occupation.

PART II. MEASURES FOR LAND MANAGEMENT AND UTILIZATION IN STATE-OWNED FARMS AND FORESTRY ENTERPRISES

1. Review of current land use status

1.1. People's Committees at provincial and centrally-administered city levels shall take the lead in coordinating with Ministries, ministerial-level agencies, government agencies, and State-owned corporations to direct state-owned farms and forestry enterprises under their respective ministries, sectors, State-owned corporations, and localities to conduct a review of the current land fund they manage and use.

1.2. State-owned farms and forestry enterprises shall be responsible for conducting a review of the current land fund they manage and use; report to the Ministries, ministerial-level agencies, government agencies, and State-owned corporations managing these farms and forestry enterprises, and report to the People's Committee of the province or centrally-administered city where the land is located according to the following requirements:

a) The review of the managed and used land fund must be based on decisions on land allocation, land leasing, and issuance of land use right certificates by competent state authorities and the results of land management and utilization work of farms and forestry enterprises as per Decision No. 708/QĐ-TTg dated June 11, 2001 of the Prime Minister.

b. Contents of the review of the managed and used land fund of farms and forestry enterprises include:

- Total area of land allocated for management and use, including: area of land currently organized for use by the farm or forestry enterprise; area of land leased or lent out; area of land transferred; area of land being encroached upon; area of land in dispute; area of unused land; area of land arranged for residential use for households of officials, workers, or retirees.

- Area of land used by farms and forestry enterprises for various purposes and forms of use, including: land directly used by the farm or forestry enterprise; agricultural land allocated for lease; agricultural land with orchards sold; land for livestock sheds with sold herds; land for joint ventures and production linkages with other economic components; land for school construction, health clinics, roads, water conservancy works, and power systems serving the farm, forestry enterprise, and local residents;

- Area of land according to its origin of use, including: land allocated by the State without payment of land use fees; land allocated by the State with payment of land use fees; land leased with one-time or multiple payments or annual payments; land acquired through transfer of land use rights; land occupied illegally;

- Financial obligations related to land of farms and forestry enterprises;

- Duration of land use allocation and leasing;

- Fixed assets attached to land used by farms and forestry enterprises, including: types of architectural structures (headquarters buildings, workshops, warehouses, other constructions); construction area of structures (area occupied by structures); types of perennial trees or forest trees and area of land with perennial trees or forest trees;

c) The review results shall be compiled into reports according to Forms 01/HT-ĐĐ, 02/HT-ĐĐ, 03/HT-ĐĐ, and 04/HT-ĐĐ issued together with this Circular and must be clearly reflected on cadastral maps, basic cadastral maps, base maps provided by the natural resources and environment agency, or other maps approved for use by the natural resources and environment agency.

In cases where state-owned farms and forestry enterprises are directly managed by Ministries, ministerial-level agencies, government agencies, or State-owned corporations, the review results shall be compiled into three (03) sets; one (01) set for retention; one (01) set sent to the supervising agency; one (01) set sent to the People's Committee of the province or centrally-administered city where the land is located. In cases where state-owned farms and forestry enterprises are managed by localities, the review results shall be compiled into two (02) sets; one (01) set for retention and one (01) set sent to the People's Committee of the province or centrally-administered city where the land is located.

1.3. Farms and forestry enterprises using land in multiple provinces or centrally-administered cities shall conduct a review of the current land fund they manage and use and prepare separate reports on the review results for each province or centrally-administered city where the land is located.

1.4. The ministries, ministerial-level agencies, government agencies, state-owned corporations, provincial people's committees, and municipal people's committees under the central government shall be responsible for compiling the results of land use status reviews of the currently managed agricultural farms and forestry farms and reporting them to the Central Steering Committee on the reorganization, renovation, and development of state-owned agricultural and forestry farms, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment.

2. Establishing or adjusting, examining, and approving detailed land use plans for agricultural farms and forestry farms.

2.1. After receiving decisions on the reorganization of agricultural farms and forestry farms according to the reorganization, renovation, and development projects approved by the Prime Minister (excluding those that must be dissolved), these farms shall be responsible for establishing or adjusting detailed land use plans and submitting them to the provincial people's committees or municipal people's committees under the central government for examination and approval.

For agricultural farms and forestry farms directly under ministries, ministerial-level agencies, government agencies, and state-owned corporations, they must have written approvals from their supervisory agencies regarding the detailed land use plans before submitting them to the provincial people's committees or municipal people's committees under the central government for examination and approval.

2.2. The basis for establishing (or adjusting) detailed land use plans for agricultural farms and forestry farms includes:

a) The direction and tasks of the agricultural farms and forestry farms as determined in the decision of the competent state agency on the reorganization of agricultural farms and forestry farms according to the reorganization, renovation, and development projects approved by the Prime Minister.

b) The overall planning, socio-economic development plan, national defense, and security plan of the locality; the industry development plan and forestry development plan; the land use plan of the locality already examined and approved by the competent state agency.

c) The current land fund status of the agricultural farms and forestry farms after review.

2.3. The content of detailed land use plans for agricultural farms and forestry farms includes:

a) Investigating, researching, and analyzing conditions such as location, topography, climate, weather, hydrology, soil conditions, vegetation cover, environmental landscape, socio-economic situation, national defense, and security at the localities related to the tasks of the agricultural farms and forestry farms;

b) Evaluating the current land use status, potential area, and adaptability of the land to the production goals and tasks of the agricultural farms and forestry farms;

c) Determining the position and area of land funds to retain for use by type; including areas currently in dispute, areas leased out, areas invested in joint ventures, areas encroached upon, areas occupied, and areas handed over to local management (if applicable);

d) Developing allocation schemes for land funds for specific uses in accordance with the direction and tasks of the agricultural farms and forestry farms;

đ) Determining the area of land that must change its purpose of use; the unused area that needs to be utilized for purposes; the area of land that must be reclaimed due to encroachment or occupation; the area of land in dispute that needs to be resolved;

e) Detailed annual land use plan;

g) Determining implementation measures for the land use plan;

h) Determining the duration of land use; forms of land use: allocating land without payment of land use fee, allocating land with payment of land use fee, leasing land with annual rent payment;

i) Evaluating the economic and social effectiveness and meeting environmental requirements of the land use planning scheme.

2.4. The content of adjusting detailed land use plans for agricultural farms and forestry farms is part of the content of detailed land use plans as stipulated in Point 2.3 of this Clause.

2.5. The detailed land use plan dossier and the dossier for adjusting detailed land use plans (hereinafter referred to collectively as detailed land use plans) of agricultural farms and forestry farms shall be prepared in ten (10) copies and submitted to the provincial people's committees or municipal people's committees under the central government through the Department of Natural Resources and Environment; the dossier includes:

a) The request of the agricultural farm or forestry farm to submit the detailed land use plan for examination and approval by the provincial people's committee or municipal people's committee under the central government;

b) The current land use map and the detailed land use plan map of the agricultural farm or forestry farm established in accordance with the regulations of the Ministry of Natural Resources and Environment;

c) A comprehensive report explaining the detailed land use plan;

d) Written documents from the supervisory agencies approving the land use planning schemes for agricultural farms and forestry farms directly under ministries, ministerial-level agencies, government agencies, and state-owned corporations.

2.6. The procedure for examining and approving detailed land use plans for agricultural farms and forestry farms shall be carried out in accordance with the procedure for examining and approving detailed land use plans for high-tech zones and economic zones as stipulated in Clause 2, Article 23 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the Implementation of the Land Law.

2.7. Within thirty (30) working days from the date the provincial people's committee or municipal people's committee under the central government signs the decision to examine and approve the detailed land use plan of the agricultural farms and forestry farms, the Department of Natural Resources and Environment shall be responsible for publicly announcing all planning documents at its office and at the offices of the commune people's committees or town people's committees where the agricultural farms and forestry farms are located; determining the boundaries and markers of the detailed land use plan on-site; surveying and correcting existing cadastral maps, and if there is no existing cadastral map, then preparing a new cadastral map according to the regulations of the Ministry of Natural Resources and Environment.

3. Resolving cases of encroachment, occupation, and disputes over land within the detailed land use plan of agricultural farms and forestry farms that have been examined and approved.

The provincial people's committee or municipal people's committee under the central government shall direct the resolution of encroachment, occupation, and disputes over land that have been identified within the detailed land use plan of agricultural farms and forestry farms that have been examined and approved in accordance with the law.

4. Implementing the allocation of land, leasing of land, and issuance of certificates of land use rights for agricultural farms and forestry farms.

4.1. Agricultural farms and forest farms, after being reorganized according to the restructuring, reform, and development project for agricultural farms and forest farms approved by the Prime Minister, shall be granted land, leased land, and issued certificates of land use rights as follows:

a) In cases where agricultural farms and forest farms change their production and business tasks, scale of land use, purpose of land use, or duration of land use compared to before the reorganization, the People's Committee of the province or centrally governed city shall decide to reclaim land from the agricultural farms and forest farms prior to reorganization to grant or lease to the reorganized agricultural farms and forest farms according to the detailed land use plan that has been reviewed and direct the Department of Natural Resources and Environment to carry out the tasks specified in Point 4.3 of this Clause.

b) In cases where agricultural farms and forest farms do not change their production and business tasks and purpose of land use, nor the duration of land use compared to before the reorganization, the People's Committee of the province or centrally governed city shall issue certificates of land use rights to the reorganized agricultural farms and forest farms according to the detailed land use plan that has been reviewed. The procedures and formalities for issuing certificates of land use rights shall be carried out in accordance with Article 137 of Decree No. 181/2004/NĐ-CP dated October 29, 2004, of the Government on the implementation of the Land Law.

In cases where certificates of land use rights have already been issued to agricultural farms and forest farms prior to reorganization, registration procedures for changes in land use shall be conducted in accordance with Article 143 of Decree No. 181/2004/NĐ-CP dated October 29, 2004, of the Government on the implementation of the Land Law to amend the name of the agricultural farm or forest farm, the scale of land area used, and other changes on the certificate of land use rights and the land administration file (if any).

c) In cases where new agricultural farms and forest farms are established in necessary locations according to the restructuring, reform, and development project for agricultural farms and forest farms approved by the Prime Minister, they shall be granted land or leased land by the State and must follow the procedures for granting land or leasing land as stipulated in Article 126 of Decree No. 181/2004/NĐ-CP dated October 29, 2004, of the Government on the implementation of the Land Law.

4.2. Forms of granting land and leasing land to agricultural farms and forest farms are as follows:

a) The State grants land without payment of land use fees to state-owned agricultural farms as specified in Point a, Clause 5, Article 6 of Decree No. 170/2004/NĐ-CP dated September 22, 2004, of the Government on the restructuring, reform, and development of state-owned agricultural farms and state-owned forest farms as specified in Point a, Clause 4, Article 7 of Decree No. 200/2004/NĐ-CP dated December 3, 2004, of the Government on the restructuring, reform, and development of state-owned forest farms.

b) The State leases land or grants land with payment of land use fees to the objects specified in Point b, Clause 5, Article 6 of Decree No. 170/2004/NĐ-CP dated September 22, 2004, of the Government on the restructuring, reform, and development of state-owned agricultural farms and Point b, Clause 4, Article 7 of Decree No. 200/2004/NĐ-CP dated December 3, 2004, of the Government on the restructuring, reform, and development of state-owned forest farms.

4.3. In cases where the People's Committee of the province or centrally governed city decides to reclaim land from agricultural farms and forest farms prior to reorganization to grant or lease land to the reorganized agricultural farms and forest farms, within twenty (20) working days from the date of signing the decision to grant or lease land, the Department of Natural Resources and Environment shall be responsible for performing the following tasks:

a) Reclaiming certificates of land use rights previously issued to agricultural farms and forest farms before reorganization (if any)

b) Directing the Land Registration Office to send land administration data to the tax authority to determine financial obligations towards the agricultural farms and forest farms and notify the agricultural farms and forest farms to pay the required amounts as prescribed by law;

c) Signing land lease contracts for cases where the State leases land;

d) Directing the People's Committees of communes, wards, towns and the Forest and Land Departments to hand over the land in person to the agricultural farms and forest farms; marking boundary stakes for the land use of the agricultural farms and forest farms; preparing field records of land transfer;

đ) Issuing certificates of land use rights under delegation or submitting to the People's Committee of the province or centrally governed city for issuance of certificates of land use rights and handing them over to the agricultural farms and forest farms that have fulfilled their financial obligations as prescribed;

e) Directing the Land Registration Office to update and amend land administration files;

5. Handling land outside the detailed land use plan of agricultural farms and forest farms that have been reviewed

5.1. The People's Committee of the province or centrally governed city shall decide to reclaim areas of land not included in the detailed land use plan of agricultural farms and forest farms that have been reviewed, including unused land, land used for incorrect purposes; land for school construction, health stations, roads, water conservancy works, and power systems serving the agricultural farms and forest farms and residential areas; land allocated to current or retired employees of the agricultural farms and forest farms for housing (including attached gardens and ponds); land leased, transferred, or lent; land sold for orchards; land of agricultural farms and forest farms that must be dissolved or reduced in scope and no longer used.

Agricultural farms and forest farms whose land is subject to reclamation must hand over all documentation related to the reclaimed land fund to the People's Committee of the province or centrally governed city where the land is located.

5.2. The People's Committee of the province or centrally governed city shall organize and direct the preparation of land use plans and detailed land use plans for the reclaimed land areas and implement the granting and leasing of land for use as follows:

a) The transfer of land and leasing of land must be based on detailed land use planning and detailed land use plans of the locality that have been reviewed and approved by competent state agencies and must comply with current land laws;

b) Priority shall be given to the transfer of land for long-term stable use for agricultural production, forestry, aquaculture purposes for households and individuals who were former staff members of agricultural and forestry farms no longer working there due to restructuring and modernization of such farms, ethnic minority groups, and households residing in the locality currently lacking agricultural, forestry, or aquaculture production land; the term and limit of land transfer for households and individuals shall be carried out in accordance with the provisions of the land law; the limit of land transfer for households and individuals shall not exceed the average area of land already transferred to households in the locality;

c) For areas of land that agricultural and forestry farms have allocated to households and individuals who are workers of these farms and local farmers for agricultural and forestry production and aquaculture purposes without disputes and in compliance with the land use plan of the locality (confirmed by the People's Committee of the commune, ward, town), such households and individuals shall continue to be granted land or leased land for use by the competent People's Committee. The term and limit of land transfer and lease shall be implemented according to the provisions of the land law;

d) For areas of land that agricultural and forestry farms have leased to organizations, households, and individuals for agricultural, forestry, and aquaculture production purposes without disputes and in compliance with the land use plan of the locality, these organizations, households, and individuals shall continue to be leased land for use according to the provisions of the land law by the competent People's Committee. The term of land lease shall be determined according to the provisions of the land law and calculated from the date of leasing land from the agricultural and forestry farms. Upon expiration of the lease term, the land user shall be extended the lease term or granted land according to the provisions of the land law;

đ) For areas of land that agricultural and forestry farms have cooperated or associated with other economic sectors, the competent People's Committee shall implement the transfer of land with payment or leasing of land to the economic sector that has cooperated or associated with the agricultural and forestry farms. The term of land transfer and lease shall be determined according to the time recorded in the contract signed with the agricultural and forestry farms before restructuring;

e) For areas of land with orchards sold or livestock pens sold to organizations, households, and individuals where the land is currently being used without disputes and in compliance with the land use plan of the locality, the competent People's Committee shall continue to lease land to these organizations, households, and individuals. The term of land lease shall be determined according to the provisions of the land law and calculated from the date of purchasing the orchard or livestock pen. Upon expiration of the lease term, the land user shall be extended the lease term or granted land according to the provisions of the land law;

g) For areas of land currently used for schools, health stations, and power systems, the People's Committee of the province or centrally governed city shall transfer land to the organization managing and using the land;

The remaining land area after transferring or leasing according to the provisions of paragraphs b, c, d, đ, e, and g of this point shall be transferred or leased to other users according to the land use planning and plan of the locality that have been reviewed and approved;

5.3. Organizations, households, and individuals receiving land transfer or lease as stipulated in point 5.2 of this clause shall be issued a certificate of land use rights after completing the procedures for land transfer and lease according to the provisions of Clause 2, Article 123, and Article 125 of Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on implementing the Land Law;

5.4. For areas of land previously arranged by agricultural and forestry farms for households and individuals who are staff members, workers, or retirees of these farms for housing, gardens, ponds attached to houses within residential areas, confirmed by the People's Committee of the commune, ward, town where the land is located as being stably used, without land disputes, and in compliance with the detailed land use plan of the locality that has been reviewed and approved, certificates of land use rights shall be issued;

Determining the area of residential land in cases where there are gardens or ponds attached to houses shall be carried out according to the provisions of Clause 5, Article 87 of the Land Law; the remaining area of the garden or pond not classified as residential land shall be determined for its purpose of use based on the current status of land use;

Households and individuals currently using land must complete the procedures for issuing a certificate of land use rights according to Articles 135 and 136 of Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on implementing the Land Law and must fulfill financial obligations according to the provisions of the land law.

PART III. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, and state-owned holding corporations shall be responsible for implementing this Circular and directing subordinate agricultural farms and forestry farms to implement it in accordance with the provisions of this Circular.

2. People's Committees of provinces and centrally governed cities shall be responsible for implementing this Circular and disseminating and directing its implementation at the local level.

3. The Director of the Department of Natural Resources and Environment shall be responsible for assisting the People's Committee of provinces and centrally governed cities in organizing and implementing this Circular.

4. This Circular shall take effect fifteen (15) days from the date of publication in the Official Gazette.