5% of land fund managed by the commune can only be leased for less than 5 years.

(Baonghean) - In December 2016, Nghe An Newspaper received a petition for help from Mr. Nguyen Khac Mien - Luong Son hamlet, Nghi Van commune, Nghi Loc district. In the petition, he explained that his family was contracted land by the Nghi Van commune People's Committee to serve livestock farming and farm construction on an area of ​​8,095 m²of Luong Son hamlet with a term of 3 years. He said that with such a period of time, it would be difficult for his family to invest in large-scale and long-term production.

Mr. Nguyen Khac Mien at the land he just rented from the People's Committee of Nghi Van commune (Nghi Loc).

The land area is located in the Cau Tre field to the tile bridge of Luong Son hamlet, Nghi Van commune; the East side is adjacent to the drainage canal of Luong Dong and Luong Son hamlets; the West side is adjacent to the agricultural production area of ​​Luong Son hamlet; the North side is adjacent to the traffic corridor between Lien - Van communes; the South side is adjacent to the traffic corridor leading to Luong Son field. Mr. Mien wishes to renovate this land to raise livestock and poultry combined with seasonal fish farming.

According to the reporter's investigation, Mr. Mien and the representative of the Commune People's Committee signed the land lease contract on June 27, 2016 and the land allocation minutes on July 2, 2016. The contract clearly stated "the land lease term is 3 years, from July 1, 2016 to December 31, 2019. After the contract expires, if the land lessee needs to continue the contract, the land lessor will discuss and make a new contract". Therefore, as of July 2016, the two parties had reached an agreement and agreed on the terms, including the content related to the land lease period.

After signing the relevant documents and receiving the land handover, Mr. Mien has started to renovate the rented land area to serve livestock farming and family farms, the capital spent up to now has reached 100 million VND. He believes that the process of building barns later will require more capital, if the land is only rented for 3 years, it will not be able to recover the capital and make a profit.

Land lease contract and land handover minutes between Mr. Nguyen Khac Mien and Nghi Van Commune People's Committee (Nghi Loc).

In fact, the land area that Mr. Mien rented from Nghi Van Commune People's Committee is known to be agricultural land used for public purposes of the commune, that is, 5% of the land is managed by the Commune People's Committee. According to the provisions of Article 132 of the 2013 Land Law, for the land area not yet used for public purposes, the Commune People's Committee shall lease it to local households and individuals for agricultural production and aquaculture in the form of auction for lease. The land use term for each lease shall not exceed 5 years. Thus, the 3-year land lease term between Mr. Mien's family and Nghi Van Commune People's Committee is in accordance with the provisions of current law.

So why did Nghi Van Commune People's Committee not let Mr. Mien lease the land for 5 years but only for 3 years? Answering this question, Mr. Thai Doan Sy - Chairman of Nghi Van Commune People's Committee said: "The 3-year term is an agreement between Mr. Mien and the commune government when making the contract. If Mr. Mien wants to change the contract from 3 years to 5 years, the Commune People's Committee will liquidate the old contract and bid for a new contract with a term of 5 years as prescribed by law. After 5 years, if Mr. Mien wants to continue leasing the land but the State does not need it for other purposes, the Commune People's Committee will continue to create conditions for Mr. Mien to continue leasing the land in accordance with the provisions of law." Mr. Thai Doan Sy also affirmed that the commune government always tries its best to create all conditions for citizens in the area to be able to produce, do business, and develop the economy; Mr. Mien is one of the examples of good farmers, so the commune has a lot of trust in him.

On the other hand, the land lease contract dated June 27, 2016 also clearly stated: "During the term of the contract, if the land lessor needs to reclaim the land for other purposes, the land lessee must be responsible for returning it and the two parties must discuss and agree to compensate for all values ​​of assets on the land when they are reclaimed."

It can be seen that Mr. Mien's need to lease land for long-term investment in production and economic development is completely legitimate. However, because the area Mr. Mien leases belongs to the reserve land fund for public purposes, the lease term cannot exceed 5 years. In case Mr. Mien wants to lease for a longer period to invest in production, he must find another land area that is not in the 5% land fund.

Phuong Thao