Resolution No. 112/2015/QH13 on Strengthening Management of State-owned Land Originating from State Agricultural and Forestry Farms Used by Agricultural Companies, Forestry Companies, Forest Management Boards, and Other Organizations and Households

RESOLUTION

ON STRENGTHENING THE MANAGEMENT OF LAND DERIVED FROM

STATE AGRICULTURAL AND FORESTRY ENTERPRISES BY

AGRICULTURAL COMPANIES, FORESTRY COMPANIES,

FOREST MANAGEMENT BOARDS AND OTHER ORGANIZATIONS, HOUSEHOLDS,

INDIVIDUALS

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on the Supervisory Activities of the National Assembly No. 05/2003/QH11;

Pursuant to Resolution No. 74/2014/QH13 dated June 24, 2014 of the National Assembly on the program of supervisory activities of the National Assembly for 2015;

Based on the Report No. 958/BC-UBTVQH13 dated October 16, 2015 of the Standing Committee of the National Assembly on the results of supervision of the implementation of policies and laws on land management and use at state agricultural and forestry enterprises during the period 2004-2014 and the opinions of National Assembly deputies;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The National Assembly agrees with the Standing Committee of the National Assembly's report on the results of implementation, limitations, causes in organizing the implementation of policies and laws on land management and use at state agricultural and forestry enterprises during the period 2004-2014 and recommendations and proposals. The National Assembly notes that the Government, the Prime Minister, central ministries and agencies, and localities have actively organized the implementation of Resolution No. 28-NQ/TW dated June 16, 2003 of the Politburo on continuing the restructuring, reform, and development of state agricultural and forestry enterprises, the Land Law 2003, the Forest Protection and Development Law 2004; promulgating regulatory legal documents within their authority, guiding, inspecting, and organizing implementation.

RESOLUTION:

Article 1

Implementing Resolution 28-NQ/TW of the Politburo, state agricultural and forestry enterprises have made many efforts in reforming organizational models and management methods. Many agricultural and forestry companies have achieved high economic efficiency in production and business operations, gradually adapting to the market economy mechanism. The overall effectiveness over time has been significant contributions from these agricultural and forestry enterprises to the development of agriculture and forestry economies and rural areas, especially in infrastructure construction, production development, poverty reduction, social stability, and national defense and security; from the nucleus of state agricultural and forestry enterprises, towns and marketplaces have formed in mountainous, remote, and ethnic minority regions.

Throughout the transition from a centralized planned economy to a socialist-oriented market economy, the management and use of land by state agricultural and forestry enterprises had to address past limitations while focusing on transitioning to new management methods suitable for new land policies. Over the past ten years, there has been a positive shift in the management and use of land by agricultural and forestry enterprises nationwide, particularly those that have been corporatized; illegal encroachment, disputes, unauthorized leasing, and lending of land have decreased; land use efficiency has improved, contributing to enhancing the living standards of workers in agricultural and forestry enterprises. By the end of 2014, 17.1% of the area of agricultural and forestry companies had been transferred to leasehold and land use rights under legal provisions; 46% of the area of agricultural companies; 73% of the area of forestry companies, and 64% of the area of forest management boards, national parks, and nature reserves had received land use right certificates.

The National Assembly sees that the management and use of land by agricultural and forestry enterprises still face many issues and limitations, such as: Slow progress in reviewing, reorganizing, and reforming land management and use in agricultural and forestry enterprises; low efficiency in land management and use. Inaccurate land management maps and files, not updated in a timely manner, do not reflect actual land management and use; boundary demarcation, marking, and new land registration mainly rely on records without on-site measurement and identification for most agricultural and forestry enterprises. For land handed over to localities, most have not been surveyed, mapped, or managed according to land use plans. Issuance of land use right certificates to agricultural and forestry enterprises is slow and inaccurate regarding actual land boundaries. Illegal encroachment, leasing, lending, changing land purposes, and unauthorized transfer of land remain prevalent in agricultural and forestry enterprises. Management, supervision, inspection, responsibility determination, and handling of violations by organizations and individuals are inadequate, not conducted regularly and strictly. The process of organizational model transformation in agricultural and forestry enterprises is still hesitant; most enterprises have only changed their names to companies or management boards without fundamental changes in operational methods, management mechanisms, and leadership, leading to very low production and business efficiency, wasteful and inefficient land management and use, not commensurate with the resources entrusted by the State. There is significant loss of national financial and natural resources related to land.

To strengthen the effectiveness of land management and use and the efficient utilization of national financial and natural resources belonging to agricultural and forestry companies, forest management boards, and other organizations, households, and individuals using land derived from agricultural and forestry enterprises, the National Assembly requests the Government to implement the following main tasks and solutions:

Article 2

To enhance the effectiveness of management, the efficiency of land use and state financial resources, national resources belonging to agricultural and forestry companies, forest management boards, and other organizations, households, and individuals using land originating from agricultural and forestry farms, the National Assembly requests the Government to implement the main tasks and solutions as follows:

1. Direct ministries, sectors, and People's Committees of provinces and centrally governed cities to continue strictly implementing Resolution No. 30-NQ/TW dated March 12, 2014 of the Politburo on continuing the reorganization, reform, and development of agricultural and forestry companies to enhance their operational efficiency. Urgently build, review, and complete the approval process for reorganization and reform plans of agricultural and forestry companies to organize implementation according to new models. Conduct reviews, determine boundaries, set boundary markers, survey, create land registry maps, and establish land boundary files; implement procedures for land allocation, land leasing, land valuation, land use fees, and land lease fees in accordance with the provisions of the law for agricultural and forestry companies.

Propose solutions and develop a roadmap to ensure that by the end of 2016, there are plans and programs to resolve land disputes fundamentally; handle violations of the law, especially encroachment, transfer, change of purpose, illegal leasing, lending, and contracting of land; fail to fulfill or delay financial obligations. Focus on directing the early resolution of cases of unauthorized construction of works, houses, and residence in violation of the law within areas managed by agricultural and forestry companies. Recover assets, land, and finances for the State in accordance with the provisions of the law.

2. In 2016, develop and perfect a plan to strengthen management over land originating from state-owned agricultural and forestry farms currently managed by agricultural companies, forestry companies not subject to reorganization under Decree No. 118/2014/NĐ-CP, forest management boards, and other organizations and individuals using such land. Strictly implement the plan during the period of 2016-2020. Plan and reorganize concentrated residential areas, separating them from the land areas already allocated to agricultural and forestry companies for management in accordance with the law. Continue to review and recover land areas used inefficiently, misused, and return them to localities for allocation to people, particularly ethnic minority households lacking or without residential and production land in the locality's management and use, in accordance with the law on land. Develop and complete policies to ensure the effective implementation of land allocation, accurate and full collection of land lease fees, and land use fees.

3. The state budget shall balance and allocate sufficient support for localities to fully carry out the review, determination of boundaries, setting of boundary markers, surveying, creation of land registry maps, establishment of land boundary files, and issuance of land use right certificates for agricultural and forestry companies undergoing reorganization and reform under Decree No. 118/2014/NĐ-CP in the two-year period of 2015-2016.

4. Study amendments and supplements to the bankruptcy form of agricultural and forestry companies, dissolution of ineffective and continuously loss-making production and business units; mechanisms for land allocation and leasing for agricultural organizations granted land by the State in accordance with the law. Issue mechanisms and policies to protect forests, linked to sustainable poverty reduction; support ethnic minorities, forest growers, and forest managers and protectors who earn income from forests to ensure stable living conditions. On the basis of reviewing and adjusting the planning of three types of forests, identify weak protective forest and forest land areas; plan and convert previously unused forest land into productive forests to enhance economic efficiency. Based on this, the State ensures personnel and funding to strictly manage, protect, and develop protective and special-use forests.

5. Organize inspections, audits, and reviews of agricultural and forestry companies, forest management boards, and other organizations and individuals, focusing on companies showing signs of violating laws on land management and use; clearly define responsibilities to strictly handle violations in land management and use at agricultural and forestry companies, forest management boards, and other organizations and individuals with origins from state-owned agricultural and forestry farms; handle and recover assets, land, and finances in accordance with the law.

Article 3

The Government, Prime Minister, central ministries and sectors, People's Councils, and People's Committees at all levels within their respective duties and powers shall direct and organize the implementation of this Resolution and the recommendations of the Standing Committee of the National Assembly in Report No. 958/BC-UBTVQH13 dated October 16, 2015 on the results of supervision of the implementation of policies and laws on land management and use at state-owned agricultural and forestry farms during the period of 2004-2014.

Provincial and centrally governed city People's Committees with agricultural and forestry companies and forest management boards shall be responsible for organizing state management tasks related to land in their localities; develop plans for the development of agricultural and forestry companies linked to corporate governance model reforms, restructuring agricultural production, sustainable development, and poverty reduction. Implement specific and appropriate measures for the effective management and use of land in agricultural and forestry companies, forest management boards, and other organizations and individuals; publicly disclose land management and use in agricultural and forestry companies; promote democracy and transparency in the implementation of land policies and laws at the local level.

Annually, provincial and centrally governed city People's Committees shall report to the Prime Minister, and the Government shall report to the National Assembly on the results of implementing this Resolution of the National Assembly.

Article 4

The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, Delegations of National Assembly Members, National Assembly Members, People's Councils, People's Council Members at all levels, the Vietnam Fatherland Front, and member organizations of the Vietnam Fatherland Front shall supervise the implementation of this Resolution in accordance with their functions, duties, and powers.

This Resolution was adopted by the Thirteenth National Assembly of the Socialist Republic of Vietnam at its tenth session on November 27, 2015.