New regulations on land managed and used by agricultural and forestry companies

Reply:

Article 181 of the 2024 Land Law (effective August 1, 2024) stipulates DLand managed and used by agricultural and forestry companiesas follows:

1. The Provincial People's Committee is responsible for:

a) Organize a review of the current land use status of agricultural and forestry companies that are managing and using land of agricultural and forestry origin in the area regarding location, management and land use boundaries; land area being used for the right purpose; land area being used for the wrong purpose; unused land area; land area being allocated, contracted, contracted outright, leased, lent, joint ventured, associated, invested in cooperation, encroached, occupied, or in dispute;

b) Organize the preparation, appraisal and approval of land use plans of agricultural and forestry companies in the locality, including: determining the land area that agricultural and forestry companies can continue to use; the land area handed over to the locality for land allocation, land lease, recognition of land use rights for subjects specified in Clause 2 of this Article and for socio-economic development according to the provisions of law;

c) Granting of Certificates of land use rights and ownership of assets attached to land for the land area that agricultural and forestry companies are allowed to continue using according to the approved plan;

d) Organize land recovery to hand over to the People's Committee of the district where the land is located to manage the land area of ​​agricultural and forestry companies transferred to the locality not covered by Point c of this Clause;

d) Based on the local land use needs and the land use situation of agricultural and forestry companies, continue to review and recover the land area retained by agricultural and forestry companies according to the approved land use plan but not directly used but leased, lent, contracted or outright contracted to others for illegal use to manage according to the provisions of law, implement land support policies for ethnic minorities according to the provisions of Article 16 of this Law and for socio-economic development.

2. The People's Committee at the district level is responsible for organizing the management and use of land funds transferred by agricultural and forestry companies to localities for purposes according to land use planning and plans; and developing land use plans for the land areas specified in Point d and Point dd, Clause 1 of this Article as follows:

a) Recognizing land use rights for people using agricultural and forestry land that originated from land allocated, contracted, outright contracted, leased, or borrowed from agricultural and forestry farms before February 1, 2015 in the form of the State allocating land without collecting land use fees for the land area in use but not exceeding the limit for agricultural land allocation to individuals prescribed in Article 176 of this Law, the land use term is calculated from the date of issuance of the Certificate of land use rights and ownership of assets attached to land; the area exceeding the limit (if any) shall be given priority to the subjects prescribed in points c, d and dd of this clause or must be converted to land lease;

b) Recognition of land use rights for land users who have documents from state-owned agricultural and forestry farms on land allocation for housing construction or housing construction combined with agricultural and forestry production before July 1, 2004 shall be granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of Clause 2, Article 137 of this Law;

c) Land allocation and lease to implement land policies for ethnic minorities, people with revolutionary contributions, and poor households in the locality who have no land or lack land for production;

d) Land allocation and lease to local individuals who do not have land or lack land for production;

d) Land allocation and lease for public purposes and other purposes as prescribed by law;

e) Transfer the land area not yet implemented according to the provisions in points a, b, c, d and dd of this clause to the People's Committee at the commune level for management.