Is public land of the commune eligible for being issued a red book?
Can communal public land be granted a land use right certificate? How to lease communal public land of communes, wards, and commune-level towns?
I see that my commune has a portion of public land that is very suitable for brackish water aquaculture, and thus, I want to lease this portion of land to develop my business. I would like to know whether the communal public land can be granted a land use right certificate for the leased portion of land. How is the leasing of communal public land in communes, wards, and commune-level towns conducted?I hope to receive legal advice. Thank you.Can communal public land be granted a red book?
According to Clause 1, Article 132 of the 2013 Land Law regarding agricultural land used for public purposes, it states:
- Based on the land fund, characteristics, and needs of the locality, each commune, ward, or commune-level town can establish a fund of agricultural land used for public purposes not exceeding 5% of the total area of annual crops, perennial crops, and aquaculture land to serve the public needs of the locality.
Agricultural land returned or donated by organizations, households, and individuals to the State, reclaimed land, and agricultural land recovered are sources to form or supplement the agricultural land fund used for public purposes of the commune, ward, or commune-level town.
For those places where the agricultural land fund used for public purposes exceeds 5%, the area beyond 5% can be used for construction or compensation when using other land for the construction of local public works; allocated to households and individuals directly engaged in agriculture or aquaculture in the locality who have not been allocated land or are lacking production land.
According to Clause 2, Article 19 of Decree 43/2014/ND-CP on cases where a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land is not granted:
2. Individuals managing and using agricultural land belonging to the communal public land fund of the commune, ward, or commune-level town.
Individuals managing and using agricultural land belonging to the communal public land fund of the commune, ward, or commune-level town fall into the category not eligible for a red book (Certificate) according to legal regulations.
How is the communal public land of the ward, commune, or commune-level town leased?
Clause 3, Article 132 of the 2013 Land Law regarding agricultural land used for public purposes. To be specific:
- For the area of land not used for the purposes stipulated in Clause 2 of this Article, the People's Committee of the commune leases to local households and individuals for agricultural production and aquaculture in the form of auction for lease. The land use term for each lease period is not more than 5 years.
Money collected from leasing land belonging to the agricultural land fund used for public purposes must be paid into the state budget managed by the People's Committee of the commune and may only be used for the public needs of the commune, ward, or commune-level town according to legal regulations.
Thus, to use agricultural land for public purposes, households and individuals must reside in the commune, ward, or commune-level town where the land is located and must participate in an auction to lease the land use rights for a period of 5 years according to legal regulations.
Sincerely!
