Decision No. 57/2007/QD-TTg Amending and Supplementing Certain Provisions of Decision No. 146/2005/QD-TTg dated June 15, 2005 of the Government on Policies for Recovering Agricultural Land from State Farms and Forest Farms to Allocate to Poor Households of Ethnic Minorities.

 Pursuant to …;

Amending and supplementing some Articles of Decision No. 146/2005/QĐ-TTgJune 15,

2005 of the Prime Minister on policies for reclaiming production land from agricultural farms,

forestry farms to transfer tohouseholds of poor ethnic minority people

________________________

PRIME MINISTER

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

Based on the Land Law dated November 26, 2003;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Considering the proposal of the Minister of Finance.

DECISION:

Article 1. Amending and supplementing some Articles of Decision No. 146/2005/QĐ-TTg dated June 15, 2005 of the Prime Minister on policies for reclaiming production land from agricultural farms, forestry farms to transfer to households of poor ethnic minority people as follows:

1. Clause 2 shall be amended and supplemented as follows:

"Article 2. The recovery of production land, perennial orchards, planted forests of state-owned agricultural and forestry farms shall be carried out after reviewing and adjusting the land use planning and plans of agricultural and forestry farms according to Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on restructuring, reforming, and developing state-owned agricultural farms and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on restructuring, reforming, and developing state-owned forestry farms. In cases where agricultural and forestry farms have not completed the review and adjustment of the area of land currently in use by June 30, 2007, the recovery of land shall be based on the proposed plan for transferring the area of land of agricultural and forestry farms to local management."

2. Amending and supplementing Point a Clause 1 Article 3 as follows:

"a. Production land of agricultural and forestry farms recovered without payment of land use fee, and not compensated; in cases where agricultural and forestry farms have already assigned to households or individuals, compensation for remaining investment costs in the land and support according to Clause 5 Article 10 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land, specifically as follows:

- Support according to Point a Clause 5 Article 10 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government for households and individuals who lease land and are employees or retirees, or those who have stopped working and are receiving benefits; households and individuals who lease land residing in the area and directly engaged in agricultural production according to Clause 1, 2, 3 Article 3 of Decree No. 01/CP dated January 4, 1995 of the Government on leasing land for agricultural, forestry, and aquaculture production in state-owned enterprises and Article 2 of Decree No. 135/2005/NĐ-CP dated November 8, 2005 of the Government on leasing agricultural land, forest production land, and water surface for aquaculture in state-owned agricultural and forestry farms;

Those supported must be named in the lease contract and signed according to the lease contract regulations of agricultural and forestry farms; directly engaged in agricultural production and primarily earning income from agriculture;

The area of land supported is based on the actual leased area, but not exceeding the maximum limit of annual crop land allocation as stipulated in Clause 1 Article 70 of the Land Law 2003; the excess leased area beyond the limit will not be supported but will be compensated for remaining investment costs in the land;

- Implement compensation for remaining investment costs in the land according to Point b Clause 5 Article 10 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government for households and individuals who lease land according to Article 3 of Decree No. 01/CP dated January 4, 1995 of the Government on leasing land for agricultural, forestry, and aquaculture production in state-owned enterprises and Article 2 of Decree No. 135/2005/NĐ-CP dated November 8, 2005 of the Government on leasing agricultural land, forest production land, and water surface for aquaculture in state-owned agricultural and forestry farms;

- Households leasing protective forest land or special-use forest land shall not be supported according to Point a Clause 5 Article 10 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land, but they shall enjoy the share of products according to Decision No. 178/2001/QĐ-TTg dated November 12, 2001 of the Prime Minister on the rights and obligations of households and individuals granted, leased, or assigned forests and forestry land and guidance at Circular Joint No. 80/2003/TTLT-BNN-BTC dated September 3, 2003 of the Ministry of Finance and the Ministry of Agriculture and Rural Development."

3. Amending and supplementing Point a Clause 2 Article 3 as follows:

"a. Perennial orchards and planted forests of agricultural and forestry farms include: industrial trees, fruit trees, timber trees, leaf trees, forest trees formed from borrowed capital or from household or individual investment capital assigned by agricultural and forestry farms; when the State recovers land, compensation shall be made according to the current value of the orchard; excluding the value of land use rights. Determination of the value of perennial orchards and planted forests for compensation shall be carried out by the provincial People's Committee according to Article 24 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land."

4. Supplementing Clause 4 into Article 4 as follows:

"4. The source of funds for compensation and support when land is reclaimed from agricultural farms and forestry farms as stipulated in Clause 2 of this Article does not fall within the general support quota (five million VND/hectare) of the central government budget as prescribed in Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government on certain policies to support production land, residential land, housing, and drinking water for households of ethnic minority groups with difficult living conditions. These funds shall be guaranteed by the local government budget. For provinces facing difficulties where the local government budget lacks the ability to balance the sources required to implement compensation and support as stipulated in Clause 2 of this Article, the People's Committee of the province shall report to the Ministry of Planning and Investment, the Ministry of Finance, and the National Ethnic Minorities Committee on the financial requirements for implementation and the local budget's balancing capacity. Based on the reports from the localities, the Ministry of Planning and Investment and the Ministry of Finance shall have the responsibility to compile and report to the competent authority for consideration and decision on the level of support from the central government budget for each locality in accordance with the law. The preparation, utilization, and settlement of the portion of the support funds shall be carried out in accordance with the provisions of the State Budget Law and related guiding documents."

5. Amend and supplement Clause 2, Article 10 as follows:

"2. The People's Committee of the province shall base its decisions on the results of the review of the current land use status and the adjustment of land use planning for agricultural farms and forestry farms, as well as the results of the restructuring, reform, and development of state-owned agricultural farms as prescribed in Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on the restructuring, reform, and development of state-owned agricultural farms, and Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on the restructuring, reform, and development of state-owned forestry farms, to carry out:"

a) Decisions to reclaim land areas of agricultural farms and forestry farms as specified in Clause 1, Article 1 of this Decision;

b) Establish a Board to appraise asset values or assign units with appraisal functions to determine the value of assets when reclaiming production land from agricultural farms and forestry farms;

c) Receive, manage, and utilize the capital allocated from the central government budget as stipulated in Clause 1, Article 4 of Decision No. 146/2005/QĐ-TTg dated June 15, 2005 of the Prime Minister and Clause 4, Article 1 of this Decision for implementation;

d) Regularly prepare a report every six months on the situation of reclaiming production land from agricultural farms and forestry farms, to be submitted by poor ethnic minority households to the National Ethnic Minorities Committee for coordination with the Ministry of Finance and the Ministry of Agriculture and Rural Development to compile and report to the Prime Minister."

Article 2. This Decision takes effect fifteen days after its publication in the Official Gazette. The contents of Decision No. 146/2005/QĐ-TTg dated June 15, 2005 of the Prime Minister regarding policies for reclaiming production land from agricultural farms and forestry farms for allocation to poor ethnic minority households that are not amended or supplemented in this Decision remain in force.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, Chairmen of municipal People's Committees directly under the Central Government, and Heads of relevant organizations and agencies are responsible for implementing this Decision./.