'Hot' issue of land management and use from agricultural and forestry companies and Youth Volunteer Force

The situation of "land lease and rent collection"?

For a long time, the management of agricultural and forestry land has always been a "hot" issue at many forums for voters to meet with elected representatives in some localities with agricultural and forestry farms, and there have even been citizen petitions sent to competent authorities.

Mr. Nguyen Canh Tai, in Son Mong hamlet, Nghia Hieu commune (Nghia Dan district) reported that the management and use of land from Tay Hieu 2 Farm had shortcomings and were not in accordance with State regulations.

Specifically, according to Mr. Tai, Tay Hieu 2 Farm performed the land use contract not in accordance with Decree No. 168, dated December 27, 2016 of the Government, which stipulates that "in case the contract expires, if the contractor does not violate the contract and has a need to continue the contract, the contract can be signed again"; but when the contract expires, even if the contractor wants to continue, the farm also requests liquidation and handover of the land to the farm, then makes a re-transfer contract to "force" the contractor, otherwise the land will be handed over to someone else.

The management and use of land from Tay Hieu 2 Farm has some shortcomings and does not comply with State regulations; including some inappropriate collection fees, causing frustration and dissatisfaction among those who receive land contracts.

Mr. Nguyen Canh Tai, in Son Mong hamlet, Nghia Hieu commune, Nghia Dan district

Mr. Nguyen Canh Tai also reflected on some shortcomings in collecting fees from the farm. For example, in production, although there is no investment or support in terms of loans, seeds, fertilizers, or scientific and technical training for the contracted workers, the farm still collects 2 million VND/ha of newly planted rubber area; collects contracted output exceeding the State's prescribed level of 5%; collects 1 million VND/ha for workers past working age who transfer to family members who are also farm workers; collects 1.5 million VND/ha transferred to family members who are not farm workers; and collects 5 million VND/ha for households transferring to each other.

Also in Nghia Hieu commune, Mr. Duong Hong Hai, in Le Loi hamlet, reflected that households received land from the farm for production, but were not allowed to own their land. They wanted to build effective economic models but were not allowed to, while production according to the farm's orientation and planning was not effective.

Mr. Nguyen Xuan Minh in Trung Thinh hamlet reported that people who want to raise livestock in areas planted with oranges, lemons, and sugarcane, both to increase income and to have a source of fertilizer for their crops, are not allowed to do so.

Regarding the shortcomings in the management and use of land from agricultural and forestry farms, the Director of the Department of Natural Resources and Environment - Mr. Hoang Quoc Viet admitted: Currently, there is a situation where agricultural and forestry companies operate in the form of "land lease and rent collection" without any support activities for seeds or science and technology for producers.

Currently, there is a situation where agricultural and forestry companies operate in the form of "rent-based farming" without any support activities for seeds or science and technology for producers.

Mr. Hoang Quoc Viet - Director of Department of Natural Resources and Environment

In addition, the land of the people who produce it does not have to pay tax, and the land of the people who contract with the farms and forestry farms has to pay tax, is creating a comparison among the people. This is an issue that needs to be studied to have a plan to use the land of the farms and forestry farms more effectively in the future.

Due to the current shortcomings in land management and use by agricultural and forestry companies, people and local authorities have raised concerns about the role and whether the current land management and use system of agricultural and forestry companies should be maintained, but research should be done to recover it for local management and hand it over to people for production.

Handling problems to hand over land to people

Nghe An is the locality with the largest number of state-owned farms and forestry farms in the country. Before 2004, there were 19 state-owned farms and 18 state-owned forestry farms in the province.

Implementing the policy of the Central and the province on rearranging and innovating agricultural and forestry farms and transferring agricultural and forestry companies through stages, from 2005 to present, the whole province has 11 agricultural and forestry companies, including 4 forestry companies assigned to manage and use more than 51,337 hectares (the area of ​​land recovered and handed over to local management is more than 6,812 hectares) and 7 agricultural companies assigned to manage and use more than 13,048 hectares (the area of ​​land recovered and handed over to local management is more than 5,008 hectares).

Regarding the management boards of protective and special-use forests, after the reorganization and conversion, there are currently 14 units, with the area of ​​forest and forestry land assigned to manage and use approximately more than 595,277 hectares. Regarding the total Youth Volunteer Force, there are 12 units, now arranged, dissolved or have stopped operations pending dissolution, there are only 5 units still operating, of which 4 units are managed by the Provincial Youth Union with the total area assigned to manage and use more than 22,970 hectares.

It can be said that the province has paid attention to the arrangement, innovation and transformation of the operating model of agricultural and forestry companies, forest management boards and Youth Volunteer Teams, and has focused on them early and strongly, ensuring the requirements set out. However, the most existing problem today is the management and use of land originating from agricultural and forestry companies, forest management boards and Youth Volunteer Teams, which is posing many difficulties and obstacles.

According to the report of the Department of Natural Resources and Environment, the land use and land allocation for production between agricultural and forestry companies and people in some places are not in accordance with the approved land use plan, arbitrarily converting crops and production models; the situation of disputes, encroachment, and land reclaim by people for the land fund that agricultural and forestry companies are managing and using still occurs, such as in Quy Hop and Tan Ky districts.

Regarding land assigned to forest management boards, although units have proactively organized reviews and separation of disputed areas, and returned converted production forest areas after adjusting the planning of 3 types of forests, the management and use of forest land still has many shortcomings.

Units have not yet leased production forest land according to the Land Law, so they are still irresponsible in managing and using the allocated land, and have not really focused on promoting the potential of existing production forest land; the situation of land disputes, encroachment, and misuse of land in protective forests and special-use forests has not been completely resolved.

Land management, use, and land allocation between the Youth Volunteer Force and team members generally still have many shortcomings and problems; encroachment, occupation, and illegal transfers still occur in some units.

Besides the above-mentioned problems, the issue that the public and the people are most concerned about today is that people lack land for production, but the land fund has been recovered from agricultural and forestry companies and handed over to local authorities for management, but has not been handed over to the people.

Anh Son district is considered an active and proactive unit in developing, approving land use plans, and granting land use right certificates to people. Up to now, the whole district has completed land allocation in 7 communes with a total area of ​​1,214 hectares, and granted 688 land use right certificates to people. Currently, the district has 1 commune with more than 1,570 hectares of recovered area, handed over to local management in Phuc Son commune, which has not yet developed a land use plan to hand over to people.

According to Mr. Hoang Quyen - Chairman of Anh Son District People's Committee, the problem is that when the land is recovered and handed over to local management, it is being handed over as a whole, but has not been measured or separated according to each specific type of land to have a basis for developing a plan; on the other hand, some areas were contracted but the contract has not been liquidated when the forestry company dissolved, so there is no basis for handling.

In Con Cuong district, the total area recovered and handed over to local management is only over 361 hectares; however, up to now, there are still over 42 hectares that have not had their planning, land use plans, and land use options established and approved for handing over to the people.

The reason, according to Mr. Luong Dinh Viet - Vice Chairman of the People's Committee of Con Cuong district, is that most of the area assigned to the locality has been used by households to build permanent houses on agricultural land or illegally transfer land use rights; therefore, the implementation process is prolonged. In addition, the results of the cadastral measurement of the returned area do not accurately reflect the current land use status of households, there are no markers for the actual handover of each plot of land, therefore, when preparing land allocation records and issuing land use right certificates, land users have to spend money on re-measurement, which makes people disagree.

From the shortcomings, limitations and difficulties arising in the management and use of land originating from agricultural and forestry farms and Youth Volunteer Force, expressing opinions at the explanation session of the Standing Committee of the Provincial People's Council in mid-November 2023, Standing Vice Chairman of the Provincial People's Council Nguyen Nam Dinh requested the Provincial People's Committee, relevant departments and branches at the provincial level and localities to adhere to the approved Provincial Planning for the period 2021 - 2030, with a vision to 2050; adhere to the Resolution of the Provincial People's Council on adjusting the planning of 3 types of forests to continue implementing the Project on land allocation, forest allocation and issuance of land use right certificates extended until 2025, in which attention should be paid to allocating funds to carry out extraction, measurement, separation and classification of land types as a basis for land allocation and issuance of land use right certificates to people.

The Standing Vice Chairman of the Provincial People's Council also proposed to strengthen the coordination between provincial departments and branches and between departments and branches with localities in resolving current problems and difficulties. Any issues beyond the authority should be reported to the Provincial Party Committee, People's Council and Provincial People's Committee for resolution.