Which subjects are allocated forest land for production by the State without land use fees?
Mr. La Van Hoanh, residing in Con Cuong district, asked:Which subjects are allocated production forest land by the State without collecting land use fees? According to the 2024 Land Law, can people who are leased natural production forest land by the State transfer or sublease it?
Reply:
Article 184 of the 2024 Land Law stipulates landproduction forestsas follows:
1. The State allocates production forest land without collecting land use fees to the following subjects:
a) Individuals directly engaged in agricultural production residing in the commune-level area where the production forest land is planted forest for the land area within the land allocation limit prescribed in Point b, Clause 3, Article 176 of this Law; for the part of the production forest land area that is planted forest exceeding the land allocation limit, it must be converted to land lease;
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b) Residential communities in commune-level areas where there is production forest land and have the need and ability to protect and develop forests;
c) Units of the people's armed forces stationed in communes where there is production forest land and have the need and ability to protect and develop forests;
d) Special-use forest management board, protective forest management board for production forest land area interspersed with special-use forest land area, protective forest land area.
2. The State leases production forest land to economic organizations, enterprises of the people's armed forces, and individuals according to the provisions of this Law.
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3. People who are leased natural production forest land by the State are not allowed to transfer, sublease, mortgage, or contribute capital using land use rights and lease rights in land lease contracts with annual land rent payments.
4. The subjects specified in Clauses 1 and 2 of this Article are allowed to construct infrastructure works to serve forest protection and development in accordance with the provisions of the law on forestry.
5. The State leases production forest land to economic organizations with foreign investment capital to carry out production forest planting projects.