Joint Circular No. 62/2000/TTLT/BNN-TCDC guiding the transfer of land, leasing of land, and issuance of certificates of land use rights for forestry land.

JOINT CIRCULAR

Guidelines for land allocation, leasing, and issuance of certificates of land use rights for forestry land

right to use forestry land

Pursuant to Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on the allocation and leasing of forestry land to organizations, households, and individuals for stable and long-term use for forestry purposes;

The Ministry of Agriculture and Rural Development - Land Administration Department hereby provides guidelines for the allocation, leasing, and issuance of certificates of land use rights for forestry land as follows:

I. GENERAL PROVISIONS

1. Forestry land referred to in this Circular includes natural forest land, planted forest land, and non-forested land planned for forestry use such as afforestation, enclosure, protection to restore natural forests, and experimental research in forestry.

2. Organizations, households, and individuals who have been allocated land, leased land, and issued certificates of land use rights for forestry land before the effective date of this Circular shall not need to reapply for land allocation, leasing, and issuance of certificates of land use rights according to the guidelines set forth in this Circular.

3. Allocation, leasing, and issuance of certificates of land use rights for forestry land shall be carried out at the commune level (hereinafter referred to as commune).

4. Organizations, households, and individuals currently using forestry land but not yet allocated or leased before December 1, 1999 (Decree No. 163/1999/NĐ-CP took effect) without disputes and in accordance with planning shall be considered for land allocation or leasing and issuance of certificates of land use rights for forestry land. For areas of forestry land already allocated by the State that are not being used or are not being used for their intended purpose, the People's Committee of the commune must process a request to the competent authority to reclaim the land according to the law and place it back into the land fund for allocation or leasing.

5. Allocation, leasing, and issuance of certificates of land use rights for forestry land must be based on the land use plan of the commune approved by the People's Committee of the district, town, or city directly under the province (hereinafter referred to as the People's Committee of the district). Communes that have not established a land use plan shall base it on the three types of forest planning (protective forests, special-use forests, and production forests) of the Ministry of Agriculture and Rural Development.

6. The subjects eligible for allocation of forestry land without payment of land use fees include:

a) Households and individuals directly engaged in forestry, agriculture, fisheries, salt-making, whose main source of income is derived from these activities, confirmed by the People's Committee of the commune where the forestry land is located.

b) Management Boards of Protective Forests and Special-Use Forests;

c) State-owned enterprises currently using forestry land allocated by the State before January 1, 1999;

d) Forest seedling stations, nurseries, schools, vocational training centers;

e) Other entities belonging to various economic sectors that were allocated forestry land by the State before January 1, 1999, pursuant to Decree No. 02/CP dated January 15, 1994 of the Government, may continue to use the land until the end of the allocation period. Upon expiration of the allocated land use period, they must convert to leasing forestry land;

g) Units of the people's armed forces using forestry land in conjunction with national defense.

7. The subjects eligible for leasing of forestry land by the State include:

a) Households and individuals, including those specified in sub-item a of item 6 of Part I of this Circular, who have the need and ability to use forestry land for forestry production, agro-forestry, and agro-silvo-pastoral combined production;

b) Domestic organizations belonging to various economic sectors;

c) Foreign organizations and individuals.

8. Types of forestry land allocated and leased to the following subjects:

a) Forestry land planned for the development of special-use forests, the State allocates to the Management Board of Special-Use Forests established by the Government's decision or the People's Committee of the province (hereinafter referred to as the People's Committee of the province), including:

- National Park Management Board;

- Natural Reserve Management Board;

- Cultural-Historical-Environmental Garden Management Board (landscape protection).

Forestry land planned for the development of special-use forests shall not be leased by the State.

b) Forestry land planned for the development of protective forests.

Forestry land planned for the development of protective forests, the State allocates to the Management Board of Protective Forests established in accordance with the Government's regulations or the People's Committee of the province. Specifically, for upstream protective forest zones with low urgency; scattered upstream protective forest areas insufficient for establishing a Management Board, and windbreak, sand-fixing, coastal wave-attenuation, and environmental protection forests, the State allocates or leases land to other subjects specified in sub-items a, c, d, g of items 6 and 7 of Part I of this Circular.

c) Forestry land planned for the development of production forests is allocated or leased to all subjects specified in sub-items a, c, d, e, g of items 6 and 7 of Part I of this Circular.

9. Authority for allocation, leasing, issuance of certificates of land use rights, and recovery of forestry land.

a) The People's Committee of the district decides on the allocation, leasing, and issuance of certificates of land use rights for forestry land to households and individuals.

b) The People's Committee of the province decides on the allocation, leasing, and issuance of certificates of land use rights for forestry land to organizations.

In cases where the Government decides to establish forest areas and allocate forestry land, the People's Committee of the province issues certificates of land use rights.

c) The State agency with the authority to allocate and lease forestry land is also the agency with the authority to recover allocated and leased land. Before recovering the land, the agency must notify the person allocated or leased the forestry land of the reasons for recovery, time frame, implementation plan, compensation measures, and loss compensation levels according to the law.

10. Limitations on allocation and leasing of forestry land.

a) The limitation on allocation of forestry land to organizations is based on the forestry land use plan and the needs and capabilities for using forestry land recorded in the investment project approved by the competent State agency.

b) The limit for allocating forest land to households and individuals shall be based on the current land use status, the local forest land fund, and the needs and capabilities of the households and individuals; the Provincial People's Committee decides the limit of forest land allocated to households and individuals (for single-person households), but the total area of forest land allocated to one household or individual shall not exceed 30 hectares.

Households and individuals who have been allocated forest land by the State may continue to use the excess area beyond the limit stipulated herein until the end of the allocated land use period, after which they must convert to leasing forest land.

c) The limit for organizations leasing forest land under approved projects shall be determined by competent state agencies; the limit for households and individuals leasing forest land shall be based on their lease applications, taking into account the current land use status and the local forest land fund.

d) For vacant land, barren hillsides, coastal land, and reclaimed sea land, the limit of land allocated to households and individuals for forestry purposes shall be decided by the Provincial People's Committee based on the local land fund and the production capacity of the households and individuals, ensuring the implementation of policies encouraging and facilitating the utilization of these lands for forestry purposes.

11. Term for allocating and leasing forest land.

a) For organizations, the term for allocating land under approved projects shall be determined by competent state agencies; for households and individuals, the allocation term is fifty years. Upon expiration of the term, if the land user has a need to continue using the land and complies with laws on land and forest protection and development during the land use period, the competent state agency shall consider reallocating the land for continued use. If forest trees with a cycle exceeding fifty years are planted, the State will continue to allocate the land for use after the term.

Organizations, households, and individuals allocated forest land by the State before October 15, 1993, shall have their allocation term calculated from October 15, 1993; those allocated forest land after October 15, 1993, shall have their term calculated from the date of allocation.

b) The term for organizations, households, and individuals leasing forest land shall be determined according to the project approved by competent state agencies and the lease application of households and individuals, but shall not exceed fifty years. In cases where a project requires leasing land for more than fifty years, it must bedecided by the Prime Minister but shall not exceed seventy years.

After the term expires, if organizations, households, and individuals still have a need to lease the forest land and use it for its intended purpose, the State shall consider extending the lease.

12. Organizations, households, and individuals currently using forest land previously allocated to state-owned enterprises must transfer to the form of receiving assigned forest land according to the provisions of the Regulations on the Allocation of Land for Agricultural, Forestry, and Aquaculture Purposes in State-Owned Enterprises issued together with Decree No. 01/CP dated January 4, 1995 of the Government.

State-owned enterprises that were allocated forest land by the State before January 1, 1999, must review the land fund allocated to them; parts of the forest land used for non-intended purposes, with low efficiency, or unused shall be recovered by the Provincial People's Committee and included in the forest land fund for allocation or leasing.

II. PROCEDURES FOR ALLOCATING AND LEASING FOREST LAND AND ISSUING CERTIFICATES OF FOREST LAND USE RIGHTS

1. Determining the forest land fund for allocation and leasing.

a) The basis for determining the forest land fund for allocation and leasing includes:

- Maps, documents, and data on the current status of land with forests and unused land capable of being used for forestry purposes.

- Land use planning of communes or three types of forests (protective forests, special-use forests, productive forests) approved by competent state agencies;

- The actual management and use situation of forest land by organizations, households, and individuals;

b) The Provincial People's Committee and District People's Committees shall direct the Land Administration, Agriculture and Rural Development Departments, Forest Inspection Departments, and lower-level People's Committees to determine the forest land fund for allocation and leasing according to the purpose of developing each type of protective, special-use, and productive forests.

c) The forest land fund for allocation and leasing shall be determined at the commune administrative level and detailed on maps, aggregated by cadastral sheets or forest compartments.

2. Preparing applications for allocating and leasing forest land.

a) For organizations, the application shall be submitted to the provincial Land Administration including:

- Application for allocating or leasing forest land;

- Investment project approved by competent state agencies;

- Decision on establishment or permission to establish organizations;

- Map or layout of the area for allocation or leasing.

b) For households and individuals, the application shall be submitted to the Commune People's Committee including:

- Application for allocating or leasing forest land;

- Plan for using forest land (for leasing applications).

3. Reviewing and approving applications for allocating and leasing forest land.

a) For organizations:

- Within thirty days from receipt of complete and valid applications, the provincial Land Administration shall lead the coordination with the Agriculture and Rural Development Department and the Forest Inspection Department at the same level to examine the applications for allocating and leasing forest land and record comments on the applications; prepare procedures to submit to the Provincial People's Committee for consideration and decision on allocating and leasing forest land to qualified organizations; return the application to unqualified organizations and inform them of the reasons.

- Within fifteen days from receipt of the application transferred by the Land Administration, the Provincial People's Committee must decide on allocating and leasing forest land; if不同意翻译结果继续按照规则翻译下一个段落。

- Within fifteen days from the date of receipt of the application from the Land Administration, the Provincial People's Committee must decide on allocating or leasing forest land; if not in agreement, it must notify the reasons to the Land Administration so that the Land Administration can inform the organization applying for allocation or leasing of land.

b) Đối với hộ gia đình, cá nhân:

- Within fifteen days from receiving complete valid files sent by the People's Commune Committee, the Land Administration Office of the district shall cooperate with the Agriculture and Rural Development Office and the Forest Protection Office of the district to complete the examination of the files, record opinions on the applications for land allocation and lease; prepare procedures to submit to the People's Committee of the district for consideration and decision.

- Within fifteen days from receiving the files transferred by the Land Administration Office, the People's Committee of the district must decide on land allocation and lease; in case of disagreement, it must notify the Land Administration Office clearly of the reasons so that the Land Administration Office can inform the household or individual applying for land allocation and lease.

4. Allocation of land outside the field.

a) The People's Commune Committee shall cooperate with the Land Administration Office and the competent Forest Protection Office to organize the allocation of land and lease of forest land outside the field for entities that have decisions on land allocation and lease of forest land, with the presence of village chiefs, group leaders, and adjacent land users.

b) Allocation of land at the field site must clearly define boundaries and set boundary stakes; establish a field handover record with signatures of representatives of organizations and individuals mentioned in point a above.

5. Issuance of land use right certificate.

a) Within thirty days from the completion of land allocation at the field site, the Land Administration Office of the district shall submit to the People's Committee of the district for signature and issuance of the forest land use right certificate for households and individuals; the Land Administration Office of the province shall submit to the People's Committee of the province for signature and issuance of the forest land use right certificate for organizations.

b) For organizations, households, and individuals who have been allocated forest land by the State but have not yet received the land use right certificate, they shall proceed with land registration, establish a cadastral file, and issue the land use right certificate according to the guidelines stipulated in Circular No. 346/1998/TT-TCĐC dated March 16, 1998 of the General Department of Land Administration.

The forest land use right certificate shall be in a unified form of the General Department of Land Administration and supplemented as follows:

- Where the land allocation map for forest land only has the plot number, compartment number, and forest lot number, in the list of plots, column "Map Number" shall record the plot number, and column "Plot Number" shall record the compartment number and forest lot number.

- Column "Additional Notes" shall record the following contents:

+ Specific purpose for each type of forest

Special-use forest land shall be recorded according to organizational forms: National Park; Nature Reserve; Cultural-Historical-Environmental Forest.

Protective forest land shall be recorded as: Very critical headwater protective forest, critical headwater protective forest, less critical headwater protective forest; Windbreak forest, sand-fixing forest; Coastal protective forest, sea-reclamation forest; Environmental-protection forest.

Production forest land shall be recorded as: Large timber production forest; Small timber production forest, bamboo and rattan production forest, and special product forest.

+ For forest land with natural forests and planted forests, the status of the forest shall be recorded according to Decision No. 682B/QĐKT dated August 1, 1984 of the Minister of Forestry (now the Ministry of Agriculture and Rural Development) on issuing the design norms for forest business operations.

+ Requirements for forest protection and development such as: Encirclement and nurturing for forest recovery, afforestation, and other requirements.

6. Establishment and management of cadastral files

a) Cadastral files established during the process of land allocation, lease, and issuance of forest land use right certificates include the following documents:

- Cadastral map or land allocation map for forest land;

- Cadastral book;

- Plot listing book;

- Certificate issuance book;

- Original documents including: Application for land allocation and lease of forest land; Statistical table of forest land fund; Field handover record; Decision on land allocation and lease of forest land.

b) The model of cadastral book, plot listing book, and certificate issuance book shall be implemented according to Decision No. 499/QĐ-ĐC dated July 27, 1995 of the General Department of Land Administration and supplemented as follows:

- The cadastral book, plot listing book, and certificate issuance book shall be established jointly for all types of land; there will be no separate books for forest land;

- Where the land allocation map for forest land only has the forest plot number, compartment number, and lot number, on all types of books, the forest plot number shall replace the map number, and the compartment number and lot number shall replace the plot number;

- Part III-"Restrictions on land use rights" in the cadastral book shall note additional contents as specified in the "Additional Notes" column of the land use right certificate.

c) In places without a cadastral map, a land allocation map for forest land must be established to reflect the results of land allocation and lease of forest land. The land allocation map for forest land shall be established according to commune administrative units and must be approved by the Provincial Land Administration Office.

III. IMPLEMENTATION

1. Responsibilities of the Provincial People's Committee

a) Establish land use planning, planning for three types of forests (special-use forests, protective forests, production forests); plans to organize the implementation of land allocation, lease, and issuance of forest land use right certificates for organizations, households, and individuals within the province in accordance with the laws on land, laws on forest protection and development, Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on allocating and leasing forest land to organizations, households, and individuals for long-term stable use for forestry purposes, and this Circular.

b) Approve land use planning; plans for land allocation and lease of forest land submitted by the District People's Committee within its jurisdiction.

c) Issue land use right certificates in accordance with the law.

2. Responsibilities of the District People's Committee

a) Establish land use planning; plans to organize the implementation of land allocation and lease of forest land within the district in accordance with state regulations.

b) Approve land use planning; plans for land allocation and lease of forest land submitted by the Commune People's Committee within its jurisdiction.

c) Issue land use right certificates in accordance with the law.

3. Responsibilities of the Commune People's Committee

a) Popularize and implement the state's policies and plans of the Provincial, District, and Commune People's Committees regarding land allocation, lease, and issuance of forest land use right certificates to people in the commune area.

b) Review the situation regarding the use of forestry land by organizations, households, and individuals within the commune.

c) Develop plans for the use of land, plans for allocating land, leasing land, and issuing certificates of land use rights for forestry land within the commune to be submitted to the competent authority for approval and implementation in accordance with state regulations.

4. Responsibilities of specialized state management agencies

a) Land Administration Agency

- Assist the People's Committee at the same level in developing land use plans; plans and organizing the allocation of land, leasing of land, and issuance of certificates of land use rights for forestry land in the locality.

- Prepare maps and diagrams to serve the allocation of land, leasing of land, and issuance of certificates of land use rights.

- Coordinate with the Forest Protection Agency to assist the People's Committee at the same level in organizing the allocation of land, leasing of land, registration of land, preparation of cadastral files, and issuance of certificates of land use rights for forestry land.

- Coordinate with other relevant agencies to assist the People's Committee at the same level in resolving issues arising during the planning of land use, allocation of land, and leasing of forestry land.

b) Agricultural and Rural Development Agency shall coordinate with the Land Administration Agency and the Forest Protection Agency to assist the People's Committee at the same level in developing plans for the use of forestry land; review the area of forestry land that has been allocated by the State to Forestry Farms, State-owned Agricultural Farms, forestry enterprises, agricultural enterprises under the people's armed forces; Forest Protection Management Board, Specialized Forest Management Board.

c) Forest Protection Agency

- Coordinate with the Agricultural and Rural Development Agency and the Land Administration Agency to determine the boundaries of forestry land and the boundaries dividing the three types of forests on maps and in the field.

- Determine the area of forestry land with natural forests and planted forests on maps and in the field to develop forest protection plans.

- Coordinate with the Land Administration Agency to implement the allocation of forestry land and leasing of forestry land. Monitor the evolution of forest resources and forestry land.

- Coordinate with the Land Administration Agency to assist the People's Committee at the same level in inspecting, auditing, and handling disputes over the use of forestry land by organizations, households, and individuals according to the law.

- Coordinate with the Agricultural and Rural Development Agency and the Land Administration Agency to resolve disputes over forestry land within their jurisdiction.

1. This Circular takes effect from May 15, 2013.

This Circular takes effect fifteen days from the date of issuance.

This Circular replaces Circular No. 01/TT/LB dated February 6, 1991, issued by the Ministry of Forestry - General Department of Land Management (now the Ministry of Agriculture and Rural Development - General Department of Land Administration) guiding the allocation of forests and land for planting forests to organizations and individuals for forestry purposes; Circular No. 06/LN/KL dated June 18, 1994, issued by the Ministry of Forestry (now the Ministry of Agriculture and Rural Development) guiding the implementation of Decree No. 02/CP dated January 15, 1994, on the allocation of forestry land.

During implementation, if there are any difficulties, localities should promptly report to the Ministry of Agriculture and Rural Development, the General Department of Land Administration for consideration and resolution.