Decree No. 149/SL Regarding the Policy on Farmland

DECREE

OF THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

NUMBER 149/SL ON APRIL 12, 1953

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

PURSUANT TO THE RESOLUTION OF THE COUNCIL OF MINISTERS AFTER CONSULTATION WITH THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY,

ISSUES THE DECREE:

Article 1

TO ENHANCE THE MATERIAL AND MORAL FORCES OF PEASANTS, TO PROMOTE PRODUCTION, AND TO STRENGTHEN THE RESISTANCE STRUGGLE, THE FOLLOWING POLICY ON LAND IS NOW ESTABLISHED:

PART I

PRINCIPLES OF THE LAND POLICY

PART I - REDUCING RENT AND LEASED FARMING

A- REDUCTION OF RENT:

Article 2

All landlords and organizations that lease land for rent must reduce rent. Wealthy farmers who lease land for rent must also reduce rent.

Article 3

Regardless of whether it is divided rent or lump-sum rent, it must be reduced by 25%, based on the pre-August Revolution rent level (excluding the portion of rent increased by landowners to pay rice to the Japanese).

However, if the pre-existing rent was excessively high, it must be reduced by more than 25% so that the remaining land rent does not exceed one-third of the harvest. In cases where the land is poor, the soil is poor, or the work is difficult and labor-intensive, the reduction may reach 50% or more. This will be decided by the Agricultural Association or the peasant assembly.

Article 4

Apart from the main land rent, the landowner shall not collect any additional land rent. It is prohibited to collect rent en masse or before the farming season. It is forbidden to collect fictitious rent, labor rent, or old soil rent.

Article 5

The landowner shall not increase the rent for any reason.

Article 6

From the date of Decree No. 78-SL on July 14, 1949, any landowner who has not reduced the rent, or has not reduced it to the correct extent, or has increased the rent, must calculate and return to the peasants the excess rent collected (refund of rent).

, Clause 1, Clause 2 Article 7a of this Regulation.

In addition to the refund of rent mentioned above, any landowner who has withheld labor fees from peasants must return all such fees to the peasants.

Article 8

If tenant farmers encounter natural disasters or enemy attacks resulting in crop losses, the landowner must further reduce or waive the rent. The amount of reduction or waiver shall be determined by the Agricultural Association or the peasant assembly.

Article 9

For those with little land, unable to cultivate themselves, leasing land for rent, and whose living standard is only at the middle-peasant level or below (families of deceased soldiers, wounded soldiers, disabled soldiers, impoverished former combatants; elderly, disabled, orphans, widows, middle-poor families lacking labor force; workers, small traders, small business owners, self-employed individuals busy with their primary occupation), the reduction of rent shall be arranged by the Agricultural Association, agreed upon by both the landowner and the farmer, and may require less reduction or no reduction at all. The refund of rent does not apply to these cases.

Article 10

After the landowner has properly implemented the reduction of rent, the tenant farmer must pay the rent to the landowner according to the agreement.

B- LEASED FARMING:

Article 11

When granting leased farming, the landowner must enter into a lease agreement with the tenant farmer. Each lease term must be at least five years.

This practice of entering into a lease agreement does not apply to the cases stipulated in Article 9.

Article 12

When granting leased farming, the landowner shall not require the tenant farmer to provide collateral.

Article 13

The system of over-farming is prohibited.

Article 14

When the landowner sells the land:

a) The tenant farmer currently leasing the land has the right to purchase it first and repay the price gradually.

b) The tenant farmer has the right to demand the landowner compensate for the cost of opening up the land, constructing irrigation facilities, or increasing the productivity of the land.

Article 15

Regardless of whether the landowner sells or transfers the land through any means, the tenant farmer currently leasing the land still has the right to continue farming until the end of the lease period.

Article 16

The landowner shall not reclaim the land, gardens, cattle, or houses that the tenant farmer has leased from the landowner due to the reduction of rent.

PART II - REDUCTION OF DEBTS

Article 17

The following debts shall be cancelled without repayment:

1- Debts that farmers borrowed before the August Revolution.

2- Debts for which farmers have paid double the principal by the date this decree is issued.

3- Debts that farmers borrowed from people who were convicted as traitors.

4- Debts that soldiers of the People's Liberation Army, local troops, guerrillas, government officials, mass organizations, volunteers, and civilian workers borrowed, if these individuals died or were sacrificed while on duty.

Article 18

The following debts shall be deferred, and during the deferral period, no repayment is required:

1- Debts that farmers borrowed from people currently residing in temporarily occupied areas.

2- Debts that soldiers serving in the military and poor government officials borrowed before the issuance of this decree: the deferral lasts throughout their service period.

3- Debts that farmers, suffering losses due to natural disasters or enemy actions and unable to repay, can defer for one to three years.

Article 19

For debts that farmers borrowed from landlords before the issuance of this decree and not covered by Articles 17 and 18, the interest rate shall be reduced to 18% for money loans and 20% for grain loans. The total interest payable must equal the principal amount.

For debts that farmers borrowed from wealthy peasants, the reduction of interest shall apply from the date of issuance of Decree No. 89-SL dated May 22, 1950, and prior. The reduction level is the same as for debts borrowed from landlords.

Article 20

After debts have been cancelled, deferred, or reduced, creditors must return all assets and items that borrowers had pledged as collateral or that creditors had seized from borrowers.

Article 21

Loans between middle peasants, poor peasants, and old peasants with each other, and loans for commercial and industrial purposes, are excluded from the provisions regarding debt reduction mentioned above.

Article 22

From now on, for loans made by mutual agreement, the principle of repayment applies. The Government does not set interest rates but prohibits fraudulent means to exploit borrowers excessively.

PART III - CONFISCATION OF LAND FROM THE FRENCH COLONIALISTS, TRAITORS, AND REACTIONARIES TO BE DISTRIBUTED TO LANDLESS OR POOR FARMERS

TRAITOROUS AND SUBVERSIVE ELEMENTS SHALL BE DISTRIBUTED TO THE PEOPLE FOR TILLING LAND

WITHOUT LAND OR WITH LITTLE LAND

Article 23

All land, cattle, and other properties of the French colonialists, traitors, and reactionaries shall be confiscated and distributed entirely to landless or nearly landless farmers as personal property.

In places where distribution has already been reasonable and accepted by the peasant population, it shall be declared final immediately.

In places where distribution has occurred but is deemed unreasonable and not accepted by the peasant population, adjustments must be made and distribution finalized.

In places where distribution has not yet taken place, efforts must be accelerated to finalize distribution.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Land will be distributed based on population, regardless of age. Families of martyrs, wounded soldiers, disabled veterans, and soldiers shall have priority rights.

Article 25

The maximum amount of land allocated per person shall not exceed the average production capacity and average area per person in the commune.

Article 26

All confiscated properties of the French colonialists, traitors, and reactionaries, such as land, cattle, houses, farming tools, and consumable goods, except for large-scale technological and architectural assets, ancient relics, political and economic documents, and cultural works, must be fully distributed to landless or nearly landless farmers.

PART IV - DISTRIBUTION OF DONATED LAND

Article 27

Land that the landowner has fully donated to the Government shall be distributed entirely to farmers without land or with little land according to the method set forth in Part III.

PART V - DISTRIBUTION OF PUBLIC LAND

Article 28

All public fields, public lands, and silted-up areas suitable for cultivation shall be distributed entirely by the Village Agricultural Association to farmers without land or with little land, and shall not be retained for any fund.

The distribution of these public fields and lands shall follow the method set forth in Part III.

Article 29

For half-private and half-public land, party fields, boundary fields, village fields, self-cultivated fields, military fields, reward fields, imperial fields, etc.:

a) If they were previously extracted from public fields and lands, they shall now be reclaimed and distributed entirely to farmers without land or with little land.

b) If they belong to individuals who have contributed them, they shall be handled according to their wishes; if they agree, they will be incorporated into public fields and lands for distribution.

Article 30.

Public land that was previously seized by landlords, local bullies, or any group must be reclaimed and distributed.

PART VI - USE OF ABANDONED LAND

Article 31

Land whose owner is temporarily absent due to occupation or whereabouts unknown, except where the landowner is a poor farmer, shall be temporarily assigned to farmers for cultivation without rent. The temporary assignment method follows the distribution method set forth in Part III.

When the landowner returns and is found not to have acted against the state, the land shall be returned to him.

Article 32

Land whose owner is absent due to government work, organization activities, or anti-war circumstances and does not have family members to manage it shall be given to poor farmers for cultivation at a lighter rent than the usual rent in the locality.

PART VII - USE OF ABANDONED PRIVATE LAND

Article 33

Now incorporated into national public land:

1- Unclaimed private and organizational mountainous land and forests that have not been developed.

2- Cultivated land that has been abandoned without a valid reason for more than two years.

The above-mentioned public land shall be distributed to farmers.

Article 34

Private land abandoned by its owner which was cultivated by farmers after the August Revolution belongs to the cultivator.

PART II

IMPLEMENTING AUTHORITY

Article 35

To assist the Government and district and provincial authorities in leading and supervising the implementation of this land decree, land committees shall be established:

1- At the central level, consisting of the Prime Minister as Chairperson, the Ministers of Agriculture and Rural Development, the Minister of Interior, a representative of the United Front of Vietnam, and two representatives of the National Peasant Liaison Committee.

2- At the district and provincial levels, consisting of a representative of the Anti-Japanese War Administrative Committee, a representative of the United Front of Vietnam, and five representatives of the Peasant Association, the majority of whom are poor peasants. The Chairperson shall be elected by the committee.

At the county and village levels, the implementation of this land decree shall be overseen by the Peasant Association.

Article 36

The General Assembly of Peasants in villages or hamlets, the Peasant Representative Conferences at various levels, and the Executive Committees of the Peasant Associations are legitimate bodies to implement the Government's land decree.

Article 37

A decree of the Prime Minister will explain and specify the detailed implementation of this decree.

Article 38

All previous land decrees issued before this decree are hereby abolished.

Article 39

This decree does not apply to salt fields and generally to land in ethnic minority regions. Regulations for such types of land will be established later.

Article 40

The Prime Minister and the Ministers of Agriculture and Rural Development, Interior, and Justice shall enforce this decree.