What are the rights and obligations of the lessee of land in the concentrated agricultural, forestry and fishery farming, production and processing area?
Mr. Nguyen Tien An, residing in Dien Chau district, asked: What are the regulations for the State to lease land for use as concentrated areas for raising, growing, producing, and processing agricultural, forestry, aquatic, and seafood products? What are the rights and obligations of the lessees of land in concentrated areas for raising, growing, producing, and processing agricultural, forestry, aquatic, and seafood products?
Reply:
In Article 194,Land Law 2024 stipulates onland for concentrated farming, growing, production, and processing of agricultural, forestry, aquatic, and seafood productsas follows:
1. A concentrated area for raising, growing, producing and processing agricultural, forestry, aquatic and seafood products is an area that carries out one or more tasks of research, experimentation, raising, growing, producing, preserving, processing and warehousing services for agricultural, forestry, aquatic and seafood products.
2. The use of land for construction of concentrated farming, growing, production and processing areas for agricultural, forestry, aquatic and seafood products must comply with the land use planning and plans approved by competent authorities.
3. The State leases land for use as concentrated areas for raising, growing, producing, and processing agricultural, forestry, aquatic, and seafood products according to the following provisions:
a) Implement investment projects to build and operate infrastructure for concentrated farming, growing, production, and processing of agricultural, forestry, aquatic, and seafood products for re-leasing;
b) Implement projects for concentrated farming, growing, production and processing of agricultural, forestry, aquatic and seafood products.
4. Investors who are leased land by the State to invest in the construction and business of infrastructure for concentrated farming, growing, producing and processing of agricultural, forestry, aquatic and seafood products in the form of annual land rent payment have the right to sublease the land in the form of annual land rent payment; in cases where investors are leased land by the State and pay land rent in one lump sum for the entire lease term, they have the right to sublease the land in the form of one lump sum land rent payment for the entire lease term or in annual land rent payment.
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5. The lessee of land in the concentrated farming, growing, production and processing area of agricultural, forestry, aquatic and seafood products has the following rights and obligations:
a) In case of subleasing land and paying land rent at once for the entire lease term, the rights and obligations specified in Article 33 of this Law shall be fulfilled;
b) In case of subleasing land with annual land rent payment, the rights and obligations are stipulated in Article 34 of this Law.
6. Land users in concentrated areas for raising, growing, producing and processing agricultural, forestry, aquatic and seafood products must use the land for the determined purposes and be granted a Certificate of land use rights and ownership of assets attached to the land in accordance with the provisions of this Law.
7. The Government shall detail this Article.
