Decision No. 264/2003/QĐ-TTg On certain measures for land management and use in state-owned farms and forests

DECISION OF THE PRIME MINISTER

On certain management and land use solutions in state-owned farms and forest enterprises

PRIME MINISTER

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

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

Pursuant to Resolution No. 28/NQ-TW dated June 16, 2003 of the Politburo; at the proposal of the Minister of Natural Resources and Environment,

DECISION:

Article 1. Implement certain land management and use solutions for state-owned farms and forest enterprises according to this Decision with the aim of:

1. Reallocating land in accordance with the direction and tasks of restructuring and developing state-owned farms and forest enterprises; strictly managing land and enhancing the efficiency of land use; creating conditions for state-owned farms and forest enterprises to fulfill their assigned tasks; performing their functions and roles in local economic and social development and industry development; contributing to accelerating industrialization and modernization of agriculture and rural areas;

2. Continuing to reform the management mechanism in state-owned farms and forest enterprises; clearly defining production and business tasks and public service tasks that need strict protection and development of upstream protective forests and special-use forests;

3. Continuing to invest and develop state-owned farms and forest enterprises in remote areas, border regions, strategic defense zones, and areas with particularly difficult socio-economic conditions to serve as nuclei for local economic and social development and national defense and security;

Article 2. Review the current status of land use and establish or adjust the land use plan of state-owned farms and forest enterprises according to the following provisions:

1. Provincial People's Committees, municipal people's committees under the central government, ministries, sectors, and state-owned corporations shall direct the review of the current status of land use and the establishment or adjustment of the land use plans of state-owned farms and forest enterprises under their management;

State-owned farms and forest enterprises have the responsibility to conduct a review of the land they manage and use, and to establish or adjust their land use plans to submit for approval by provincial people's committees or municipal people's committees under the central government;

2. Regarding the review of the land fund of state-owned farms and forest enterprises currently managed and used.

a. Must be based on decisions on land allocation, land leasing, and issuance of land use right certificates by competent state agencies and the results of land management and use work of state-owned farms and forest enterprises according to Decision No. 708/QĐ-TTg dated June 11, 2001 of the Prime Minister;

b. The results of the review must be clearly reflected on cadastral maps or topographic maps (at scales from 1/5,000 to 1/25,000) and statistics on the land fund of state-owned farms and forest enterprises currently managed and used including:

- Total area of land allocated and leased for use by state-owned farms and forest enterprises; Area of land organized for production by state-owned farms and forest enterprises;

- Area of land contracted out to households and individuals for use;

- Area of orchards sold to organizations, households, and individuals according to Decree No. 12/CP dated March 2, 1993 of the Government;

- Area of land joint ventured or cooperatively developed with other economic components;

- Area of land rented or lent to organizations, households, and individuals for production and business purposes;

- Area of land arranged for residential and community use for farm and forest enterprise staff and retirees;

- Area of land transferred by state-owned farms and forest enterprises;

- Area of land of state-owned farms and forest enterprises encroached upon or in dispute.

3. Regarding the establishment or adjustment of the land use plan of state-owned farms and forest enterprises.

a. Must be based on the direction and tasks of state-owned farms and forest enterprises determined in the restructuring, reform, and development plans of industries and localities approved by the Prime Minister; consistent with local economic and social development plans, agricultural and forestry development plans; the results of the review of the land fund of state-owned farms and forest enterprises currently managed and used;

b. The content of the land use plan of state-owned farms and forest enterprises must clearly define the area of each type of land retained for use; the area allocated for each purpose in line with assigned tasks; measures for land protection, improvement, and use, and environmental protection.

4. For the area of land of state-owned farms and forest enterprises that has been encroached upon or is in dispute, provincial people's committees and municipal people's committees under the central government shall direct the resolution of each specific case according to the provisions of the law.

Article 3. Implement land allocation, land leasing, and issuance of land use right certificates for state-owned farms and forest enterprises according to the following provisions:

1. Provincial people's committees and municipal people's committees under the central government shall base their decisions on the results of the restructuring, reform, and development of state-owned farms and forest enterprises of industries and localities; approved land use plans of state-owned farms and forest enterprises to decide on land allocation and leasing for state-owned farms and forest enterprises;

Newly established state-owned farms and forest enterprises in necessary locations, approved by competent authorities, shall be allocated land and leased land according to Clause 2 of this Article and must follow the procedures for land allocation and leasing as stipulated by current laws on land;

2. Forms of land allocation and leasing for state-owned farms and forest enterprises include:

a. The State allocates land without payment of land use fees to: Management boards of protective forests and special-use forests, state-owned farms and forest enterprises operating as public utility enterprises with income, providing services for seed production, building models for application and transfer of technological progress to farmers in the region; state-owned farms and forest enterprises implementing tasks of economic and social development combined with national defense and security in remote areas, border regions, strategic defense zones, and areas with particularly difficult socio-economic conditions; land used for public purposes within state-owned farms and forest enterprises;

b. The State leases land or allocates land with payment of land use fees for the area of land of state-owned farms and forest enterprises used for production and business purposes;

3. Handing over land outside the actual site must clearly define boundaries and set boundary markers for the land use of state-owned farms and forest enterprises; establish a handover record at the actual site.

4. The People's Committee of the province or centrally governed city shall organize the measurement, preparation of land administration files (including cadastral maps) and issuance of land use right certificates for forestry farms assigned or leased land by the State, to be completed by the end of 2005.

5. The area of land assigned or leased to forestry farms must be strictly managed and used effectively.

a. For the area of special-use forest land and protective forest land at the headwaters (including planted forests and natural forests), the management board shall promptly implement the assignment of responsibility for care, protection, and development.

b. For the area of land in forestry farms that have joint ventures or cooperatives with other economic sectors, which remain within the boundaries of the forestry farm after reorganization, such joint ventures or cooperatives shall continue but must comply with the procedures prescribed by law.

c. For the area of land in forestry farms currently assigned to households or individuals under Decree No. 01/CP dated January 4, 1995 of the Government, if they fulfill the contracts and use the land according to its intended purpose, the land users may continue to lease from the forestry farm according to the signed contracts and must adjust and supplement them to align with the land management responsibilities of the forestry farm.

Article 4. Solutions for handling land not included in the land use plan of forestry farms after reorganization include:

1. For areas of unused land, land used for purposes other than those intended, land used without efficiency, land already leased, transferred, or lent, land sold with garden plots, land of forestry farms required to be dissolved, and land needing adjustment due to reduced tasks approved by competent authorities, the People's Committee of the province or centrally governed city shall decide to reclaim it for management and use according to the local land use plan and plan.

Forestry farms whose land is reclaimed 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.

2. The People's Committee of the province or centrally governed city must develop plans to put reclaimed land into use, avoiding abandonment and organizing the People's Committee of the competent authority to implement land allocation or leasing according to the following provisions:

a. Prioritize the allocation of land for stable use in agricultural, forestry, and aquaculture production for households or individuals who are former employees of state-owned forestry farms undergoing restructuring, renewal, and development, ethnic minority groups, and local farmers currently lacking agricultural, forestry, or aquaculture production land.

In cases where households or individuals primarily rely on income sources other than agricultural, forestry, or aquaculture production and have a need, they may be considered for land leasing for production purposes.

In cases where economic organizations have a need, they may be considered for land allocation with payment for land use or leasing for production and business purposes.

b. The amount of land allocated for households or individuals to use for agricultural, forestry, and aquaculture production must be consistent with the amount of land allocated to local farmer households.

3. For areas of land in forestry farms already assigned to households or individuals who are forestry farm workers and local farmers, if there are no disputes and it aligns with the local land use plan (confirmed by the People's Committee of the commune, ward, or town), the current land users may be granted land allocation or leasing by the competent People's Committee to continue using it according to the laws on land.

If the area of land received exceeds the amount allocated to local farmer households, the excess area must be converted to leased land.

4. For areas of land in forestry farms already leased to organizations, households, or individuals for use in agricultural, forestry, and aquaculture production in accordance with the local land use plan, these organizations, households, or individuals may continue to lease the land for use according to the laws on land, with the land use period calculated from the date of leasing from the forestry farm.

5. For areas of land in forestry farms involved in joint ventures or cooperatives with other economic sectors, the competent People's Committee shall allocate land with payment or lease land to the economic sector that has formed joint ventures or cooperatives with the forestry farm, with the land use period determined according to the joint venture or cooperative contract signed with the forestry farm.

6. Organizations, households, or individuals who purchased garden plots from forestry farms to continue production as stipulated in Decree No. 12/CP dated March 2, 1993 of the Government, if there are no disputes and it aligns with the local land use plan, the competent People's Committee shall process the leasing of land for these organizations, households, or individuals, with the land use period calculated from the date of purchasing the garden plot.

Organizations, households, or individuals using land as provided in this Article shall be issued land use right certificates after completing the procedures for land allocation or leasing and fulfilling financial obligations as prescribed by law.

Article 5. For areas of land in forestry farms arranged for households or individuals who are forestry farm employees working or retired according to regulations for housing (including accompanying gardens and ponds), the forestry farm must transfer it to the locality for management or re-plan it into residential areas for approval by the People's Committee of the province or centrally governed city where the land is located to implement the re-planning and transfer to the locality for management.

It is strictly prohibited for forestry farms to use assigned or leased land funds to arrange residential land for their employees.

The People's Committee at the competent level shall accept the residential land fund (including accompanying gardens and ponds) and conduct a review to recognize the residential land area according to the laws on land; for cases where officials, workers, and employees of state-owned farms and forests have not been allocated residential land but have a need for such land, the People's Committee at the competent level shall consider allocating residential land with payment for land use fees in accordance with the local land use plan and in compliance with the residential land allocation standards set locally.

Article 6. The Ministry of Finance shall provide guidance on the disbursement and use of funds for the purpose of reviewing the current status of land use, constructing or adjusting the land use planning of state-owned farms and forests, and for the allocation of land, leasing of land, surveying, and preparing land administration files (including cadastral maps), and issuing certificates of land use rights in accordance with this Decision.

Article 7. The Ministry of Natural Resources and Environment shall provide guidance, direct, and inspect the implementation of this Decision at each locality and must complete it by 2005.

Article 8. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under central cities are responsible for enforcing this Decision./.