Joint Circular No. 5/TT-LB guiding the management and use of land with water surfaces for aquaculture

JOINT CIRCULAR

OF THE MINISTRY OF AQUATIC RESOURCES - GENERAL DEPARTMENT OF LAND MANAGEMENTNO. 5/TT-LB, December 18, 1991 GUIDELINES FOR THE MANAGEMENT AND USE OF WATER-BASED LAND FOR AQUACULTURE Pursuant to the Land Law promulgated on January 8, 1988, Decree No. 30/HĐBT dated March 23, 1989, and Directive No. 60-HĐBT dated April 14, 1988 of the Council of Ministers on the implementation of the Land Law;

The Ministry of Aquatic Resources and the General Department of Land Management hereby provide guidelines for the management and use of water-based land for aquaculture as follows:

1. Water-based land (referred to as water surface hereinafter) mentioned in this circular is limited to inland water surfaces and coastal areas, including water surfaces currently being used and those with potential but not yet utilized for specialized aquaculture, or combined with aquaculture.

I - GENERAL PROVISIONS:

2. People's Committees at all levels shall perform state management functions over water surfaces for aquaculture within their localities according to planning and laws. Based on the allocation plan for land use within the national territory, the Aquatic Resources sector is responsible for formulating specific plans for water surfaces for aquaculture in each locality.

3. The land management sector shall cooperate with the aquatic resources sector to assist the State Council and People's Committees at all levels in organizing the allocation of water surfaces to organizations and individuals for aquaculture. The allocation of water surfaces must be based on the following grounds:

a) The plan for the use of water surfaces for aquaculture that has been approved by the competent authority.

b) The fund of water surfaces for aquaculture in the locality.

c) Requirements, labor capacity, capital, and management skills of organizations and individuals in using water surfaces for aquaculture.

d) Provisions regarding the establishment of plans and land use plans as stipulated in Article 11 of the Land Law, provisions regarding the allocation of land as stipulated in Articles 12, 13, and 29 of the Land Law, and paragraphs 1 and 2 of Article 8 of Decree No. 30-HĐBT dated March 23, 1989.

4. Individuals granted the right to use water surfaces for aquaculture must register land and obtain legal certification of their right to use the allocated water surfaces in accordance with Article 18 of the Land Law, Articles 12 and 13 of Decree No. 30-HĐBT, Decision No. 201-QĐ/ĐKTK, and Circular No. 302-TT/ĐKTK of the General Department of Land Management.

5. Individuals granted water surfaces for aquaculture shall enjoy the benefits prescribed in Article 49 of the Land Law, while they must fully fulfill all obligations stipulated in Articles 24, 45, and 48 of the Land Law and paragraph 4 of Part II of this Circular. Any violation of obligations by water surface users will be handled according to current laws.

6. Foreign organizations and individuals, international organizations, and joint ventures between Vietnam and foreign countries permitted to use water surfaces in Vietnam for aquaculture shall have separate regulations.

1. Water surfaces for aquaculture specified in Section 1, Part I of this Circular include the following specific types:

II - SPECIFIC PROVISIONS

a) Water surfaces planned and approved by the competent authority for specialized aquaculture (including both areas currently and to be used for aquaculture).

- Small ponds and lakes (including ditches and canals within gardens) interspersed within residential land and other dedicated lands.

- Natural lakes, river mouths, ponds, and ditches interspersed within agricultural or forestry planting areas.

- Low-lying fields that have been transformed for specialized aquaculture.

- Existing or constructed ponds, ditches, and pools for aquaculture in brackish water and saltwater coastal areas, tidal flats near river mouths, etc.

b) Water surfaces planned for other purposes but which may also be used for aquaculture:

- Reservoirs, rivers, natural lakes, and ponds within irrigation systems in each region and locality.

- Reservoirs for hydroelectric power.

- Ponds, lakes, and reservoirs within historical, cultural, and scenic sites.

- Ponds and lakes within urban drainage and industrial wastewater systems.

- Rice fields, coconut plantations, canals, and ditches interspersed within areas of coconut cultivation, salt production zones, and flooded forests, which can be used for aquaculture through intercropping or staggered cropping methods.

2. Allocation of water surfaces for aquaculture is carried out as follows:

a) Water surfaces planned for specialized aquaculture.

a1. The allocation of these water surfaces shall be conducted in accordance with the provisions for agricultural land as stipulated in point a of Clause 3 and points a and b of Clause 4, Article 13 of the Land Law.

a2. Term of allocation:

- Organizations and individuals legally using water surfaces for aquaculture shall continue to use them according to the term already defined by the competent authority when allocating the water surfaces.

- For water surfaces under contractual agreements or leases from communes, cooperatives, production groups, farms, forest farms, stations, enterprises, etc., the usage term is based on the lease or contract agreement.

- In cases where the usage term of allocated water surfaces is not reasonable, adjustments should be made as follows:

+ Temporary allocation: Not exceeding five years, applicable to areas without planning or areas with existing planning for other uses but capable of being utilized for aquaculture.

+ Allocation with a fixed term: Not exceeding fifteen years, applicable to areas with existing planning. In densely populated areas with limited land and favorable production conditions, shorter terms should be applied. In areas with abundant land and unfavorable production conditions requiring significant investment in infrastructure, longer terms should be applied. Upon expiration of the usage term, if organizations or individuals wish to continue using the water surfaces for aquaculture, they shall be given priority consideration.

+ Long-term stable allocation: Applicable in areas with established planning, for the following entities:

Research and experimental stations specializing in aquaculture seed production.

Organizations and individuals who publicly declare new areas within designated regions for specialized aquaculture.

Cooperatives, production groups, farms, forest farms, enterprises, etc., which require water surfaces to meet their agricultural and forestry production needs.

a3. Area of allocation:

Paragraph 3. Area transferred:

- Ponds and ditches within the residential land area of a single family shall be assigned to that family for full use. The area shall be counted towards the standard of land allocated for household economic activities, or contracted land for individual members of cooperatives or groups, or included in the production land area for individual farmers and other private individuals.

- Large ponds, lakes, and paddy fields that cannot be assigned entirely to a single family shall be assigned to a group of families, contracting teams, or lessees for aquaculture purposes.

In areas where water surfaces have not yet been utilized, the People's Committee of districts, counties, towns, and provincial cities shall, based on local land use plans with water bodies, assign such water surfaces to organizations and individuals for aquaculture purposes according to their capacity without limitation on area size, and these areas will not be counted towards the standard of land allocated for household economic activities or the land allocated for individual farmers as stipulated in Articles 27 and 28 of the Land Law.

b) For water surfaces planned for other uses but which can also be combined with aquaculture:

- Ponds and lakes located within historical, cultural, scenic sites... already managed by any unit shall develop aquaculture plans, but must not hinder the primary purpose of use.

- Ponds and lakes within urban wastewater treatment systems, industrial zones; reservoirs for irrigation, hydropower, natural lakes and ponds within the irrigation system fully within the jurisdiction of a locality shall be organized by the People's Committee of the city or province to coordinate between the management units of the works and the local fisheries sector through appropriate forms to ensure effective aquaculture while ensuring the regulations on water management and control of the city, industrial zones, and relevant regulations of the irrigation and hydropower sectors.

- For large reservoirs spanning multiple provinces, the organization of aquaculture, exploitation, and protection of aquatic resources shall be carried out according to the decision of the Council of Ministers.

Organizations and individuals assigned agricultural or forest land within areas capable of combining with aquaculture have the right and responsibility to organize such combinations to enhance land use efficiency.

3. The recovery of water surfaces for aquaculture shall be implemented according to the provisions of Articles 14 and 15 of the Land Law, Clause 6 of Article 23 of Decree No. 30-HĐBT, and the following specific cases:

- Aquaculture is ineffective due to unsuitable natural conditions, requiring a shift to another production field.

- Due to poor utilization by the user, making it impossible to improve efficiency, the entire or part of the water surface may be recovered and reassigned to more efficient users.

4. Rights and obligations of water surface users for aquaculture:

a) Rights:

- Stable long-term or temporary use of water surfaces as decided by competent state agencies when assigning water-containing land.

- Enjoying the fruits of labor and investment results on the assigned water surface, transferring the right to use the water surface to others within the assigned period according to legal procedures. When transferring the right to use the water surface to others, compensation for actual losses and restitution for labor and investment results that increase the value and profitability of the water surface shall be considered according to the law.

- Enjoying benefits from public works for land protection and improvement and other public welfare works such as embankments, irrigation channels, culverts, dams, roads, power systems, etc., in the region.

- Compensation for actual losses when the water surface being used is reclaimed due to national or social needs, and possibly reassignment to another water surface location if the local water fund allows. Construction projects serving aquaculture on assigned water-containing land that have been planned but now face new national or social needs leading to overlapping plans causing damage shall be compensated or rebuilt at their actual value.

- Protection by the State against infringement of the right to use the water surface by others.

b) Obligations:

- Using the water surface for its intended purpose, within boundaries, and under other conditions specified at the time of assignment.

- Utilizing the assigned water surface for aquaculture according to planning and schedules, without leaving it idle.

- Implementing measures to use land efficiently.

- Implementing intensive farming, increasing crop yields, improving, and enhancing the water surface for aquaculture to become increasingly effective.

III - IMPLEMENTATION

The fisheries sector and the land management sector shall cooperate to promptly disseminate this Circular to relevant levels, sectors, and direct users of water surfaces for aquaculture; directing and urging localities and vertical units to implement it. Special attention should be paid to inspecting and statistically recording the areas of each type of land with water surfaces currently in use and those planned for future use for aquaculture, strictly checking misuse of water surfaces designated for specialized aquaculture.

The People's Committees of provinces and centrally-administered cities are required to direct all sectors and levels under their authority to effectively implement this Circular. Any difficulties encountered during implementation should be reported promptly to the Ministry of Fisheries and the General Department of Land Management for research and resolution.

This Circular takes effect from the date of signature.