Decree No. 27/B-SL stipulates the provision of state-owned uncultivated land to citizens for the establishment of small farms with the aim of exploiting and increasing cultivated areas. This document applies to individuals over 18 years old, setting forth conditions for land use and benefits for those granted land.
적용 범위
Vietnamese citizens aged 18 and above
핵심 사항
- Vietnamese citizens aged 18 and above have the right to temporarily requisition a plot of land up to a maximum of 3 hectares (Article 2).
- Those granted land must fulfill conditions such as building housing, clearing land, and cultivating within the specified period (Article 3).
- The temporary requisition period does not exceed three years, after which it may be converted to permanent ownership if all conditions are met (Article 6).
- Those granted land have the right to benefit from agricultural production but must comply with regulations on land use and protection (Articles 4 and 5).
- Permanently requisitioned land belongs to the person who requisitioned it, but does not include certain specific areas (Article 7).
🌐 이 문서의 사회적 영향
- Enhance the effective exploitation and utilization of uncultivated land, contributing to agricultural development.
- Help citizens have the opportunity to own land to improve their economic livelihood.
- May cause difficulties in land management if regulations on exploitation and use of land are not followed.
- Prevent the transfer of land to foreigners without the consent of the Government.
❓ 자주 묻는 질문
From what age do Vietnamese citizens have the right to temporarily requisition land?
Vietnamese citizens aged 18 and above have the right to temporarily requisition land (Article 2).
What is the maximum duration for temporarily requisitioning a plot of land?
The maximum duration for temporarily requisitioning land is three years from the date of grant (Article 6).
What conditions must those granted land fulfill?
Those granted land must build housing, clear land, and cultivate within the specified period (Article 3).
If the person temporarily requisitioning the land dies, who has rights to that plot of land?
Heirs enjoy all rights to the plot of land and must comply with the conditions set forth in this regulation (Article 4).
In what cases does permanently requisitioned land not belong to the person who requisitioned it?
Permanently requisitioned land does not include roads, access paths to graves, pagodas, temple rights regarding traffic and water supply, products or antiques found in the granted land (Article 7).
전문
DECREE
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
NUMBER 27B ON MARCH 2, 1947
THE CHAIRMAN OF THE GOVERNMENT
Pursuant to the Decree of October 10, 1946 maintaining temporarily existing laws and regulations,
Considering that the old rules on granting uncultivated land and establishing small farms need revision;
At the proposal of the Minister of Agriculture;
After the Council of Ministers' approval,
ISSUES THE DECREE:
Article 1
To reduce the population in remote areas and increase the cultivated area throughout Vietnam, the Government may grant uncultivated public land in regions called small farm areas to Vietnamese citizens.
Article 2
Each Vietnamese citizen over 18 years old has the right to apply for temporary possession of a plot of land with a maximum area of 3 hectares (30,000 square meters).
Article 3
The person granted temporary possession must comply with the following conditions:
1- The person granted temporary possession must build a house in the village where the plot of land is located for residence or for a tenant farmer to reside.
2- On plots of land with forests, the person granted temporary possession must clear the forest gradually in small plots of 1 hectare (10,000 square meters) each and may not clear another forest plot until the previously cleared plot has been cultivated.
3- By the end of the third year at the latest, all plots of land must be cultivated.
4- The person granted temporary possession is not permitted to transfer, lease, mortgage, sell partially, or divide the temporarily possessed land during the period of temporary possession.
Article 4
The person granted temporary possession has the right to enjoy all benefits from cultivation on the plot of land.
If the person granted temporary possession dies, the heirs have the right to enjoy all benefits on the plot of land and must comply with all conditions of this regulation.
Article 5
If the person granted temporary possession does not fully comply with the conditions stated in Article 3, the Government may reclaim the temporarily possessed land without compensation at any time.
Article 6
The maximum period of temporary possession is three years from the date of temporary possession. During this period, if all conditions in Article 3 are met at any time, the temporary possessor also has the right to request permanent possession. Upon expiration of the temporary possession period, if the land clearing is incomplete, the uncultivated portion will revert to state-owned land.
ARTICLE 7
Land granted permanent possession belongs to the possessor.
Not belonging to the possessor;
a) Existing roads passing through or adjacent to the plots of land allocated for farms; if these are dirt roads, the landowner must always maintain them for passage.
b) Paths to graves, pagodas, or all shrines used for worship and all rights concerning traffic and water extraction or irrigation, whether visible or hidden.
c) Products or antiques that can naturally be found within the allocated lands.
d) Mines that the Government deems necessary to reserve for extracting materials for public use.
e) Rights of surveyors or those who have been permitted to extract mines.
f) Rights of the Government regarding graves, other materials found on the surface or underground.
Article 8
Permanently possessed lands cannot be transferred or sold to foreigners without permission from the Government.
All transfers of property contrary to the above provisions will not be recognized, and permanently possessed land will revert to state-owned land without compensation.
Article 9
A joint decree of the Ministries of Agriculture, Interior, and Justice shall define the small farm areas and the procedures for temporary and permanent possession.
Article 10
These regulations of this Decree do not apply to the clearing of uncultivated land plots in the coastal areas.
Article 11
All regulations contrary to this Decree are abolished.
Article 12
The Ministers of Agriculture, Interior, and Justice shall implement this Decree.
Ho Chi Minh City
(Signed)
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