Decision No. 132/2002/QĐ-TTg On the allocation of agricultural land and residential land for ethnic minority people in place in the Central Highlands.

DECISION OF THE PRIME MINISTER

Regarding the resolution of agricultural land and residential land for ethnic minority groups residing in place in the Central Highlands. West Highlands. 

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Land Law dated July 14, 1993 and the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998, and the Law Amending and Supplementing Certain Provisions of the Land Law dated June 29, 2001;

Pursuant to Resolution No. 10/NQ-TW dated January 18, 2002 of the Politburo, Pursuant to Decision No. 168/2001/QĐ-TTg dated October 30, 2001 of the Prime Minister on long-term orientation, five-year plan 2001-2005, and basic solutions for economic and social development in the Central Highlands region; Political, based on Decision No. 168/2001/QD-TTg dated October 30, 2001 of the Government, regarding the long-term orientation, the five-year plan for 2001-2005, and fundamental solutions for the socio-economic development of the West Highlands region;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECISION:

Article 1. Resolving land for ethnic minority groups residing in the Central Highlands aims to ensure that these groups have land for agricultural and forestry production and residential land to stabilize their lives and gradually improve their living standards, strengthen national unity, promote economic and social development, and ensure national defense security in the Central Highlands area.

By the end of 2003, the basic resolution of land for households of ethnic minorities residing in the Central Highlands who do not have or do not have sufficient agricultural land and residential land will be completed.

Article 2. The minimum allocation of agricultural land and residential land for one household is 1.0 hectares of upland fields or 0.5 hectares of single-crop paddy fields or 0.3 hectares of double-crop paddy fields and 400 square meters of residential land; for land with perennial fruit trees, the allocation will be based on the actual exploitation capacity of the orchards and the specific shortage of land at each location to provide appropriate allocations. In cases where there is no agricultural land, forest land will be allocated according to Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government regarding the allocation and leasing of forest land to organizations, households, and individuals for long-term stable use for forestry purposes.

Article 3. Principles of resolution.

1. Ensuring fairness and transparency for each household, village, and hamlet based on laws and policies on land of the State. Previous claims for return of old land will not be considered.

2. Consistent with the customs and traditions of each ethnic group, linked to local economic and social development planning, aiming towards the goal of building civilized modern rural areas while preserving the cultural identity of each ethnic group.

3. Households receiving land must directly manage and use it for production and residence. Within ten years, they may not transfer or pledge the land under any form. Any transfers or pledges will result in the land being reclaimed by competent state authorities and not reissued.

Article 4. The land fund for allocating to households of ethnic minorities residing in the Central Highlands who do not have or do not have sufficient agricultural land and residential land includes:

1. Land transferred from agricultural and forestry farms, including:

a) Excess land after re-planning, unused land, or unproductive agricultural land;

b) Land near water sources, villages, and hamlets of ethnic minorities currently living there;

c) Land adjusted from households contracted by agricultural and forestry farms whose areas exceed the average of the locality.

2. Land reclaimed from agricultural and forestry farms by authorized bodies when necessary.

3. Land reclaimed from ineffective production enterprises, those misusing land, or those dissolved.

4. Land adjusted from farmers voluntarily transferring land use rights (with compensation according to legal provisions).

5. Land reserved for public welfare needs managed by the commune authority.

6. Reclamation of bare hills and unused land.

7. Forest land with poor productivity or low economic efficiency can be converted to agricultural use.

Article 5. Regarding implementation funding.

1. Central budget support:

Average reclamation cost is 4.0 million VND per hectare; households organizing reclamation according to planning also receive this level of support; Compensation for open land and benefits (if applicable) when reclaiming land from households does not exceed 4.0 million VND per hectare.

2. For the value of orchards to be reclaimed:

a) In the case of state-owned enterprise orchards:

If funded by state budget investment, the enterprise's capital will be reduced accordingly to the actual value of the orchard after reassessment, and a debt will be recorded for the people receiving the orchard;

If funded by enterprise loans, the debt will be frozen, and the state budget will support interest rates for financial institutions.

b) For orchards reclaimed from private enterprises and individuals who invested their own funds, local budgets will be used to handle them.

3. Households receiving land with perennial orchards will record a debt (without interest) for the value of the orchard at the time of allocation. Repayment period should match the economic cycle and remaining business life of the orchard, but not exceeding 10 years. Early repayment will result in a reduction, with specific levels set by the Ministry of Finance.

The Chairmen of the People's Committees of the Central Highland provinces shall direct the recovery of orchard debts from households receiving land with attached orchards in each locality.

The recovered debt will first be used to repay the original orchard owners, with the remainder used to invest in local infrastructure such as transportation, irrigation, electricity, and clean water.

4. The Ministry of Finance and the Ministry of Planning and Investment, based on specific plans approved by authorized bodies, shall allocate sufficient funds over two years (2002 and 2003) for implementation.

In 2002, advance funding from the central government budget will be provided, with the remainder allocated in the 2003 budget.

Article 6. Forms of land allocation and management.

1. For agricultural land: Directly allocated to households with needs. Within ten years, no transfers or pledges are allowed. Organizations or individuals accepting transfers will have their land confiscated without compensation.

2. For residential land: Households without residential land will be allocated land for housing and issued a Certificate of Long-Term Stable Land Use Rights.

Article 7. Organizational guidance for implementation. The Chairmen of the People's Committees of the Central Highland provinces shall lead and coordinate with relevant ministries and corporations to review lists of households, rearrange land funds, and pilot projects in 2002, completing the basic work by 2003.

Article 8. This Decision takes effect from the date of signature.

Article 9. Ministers, Heads of ministerial-level agencies, and Chairmen of the People's Committees of Lam Dong, Dak Lak, Gia Lai, and Kon Tum are responsible for implementing this Decision.