What is the Communal Public Land Fund Used for?

According to the provisions of the Land Law 2013, based on the land fund, characteristics, and needs of the locality, each commune, ward, or commune-level town may establish an agricultural land fund used for public purposes not exceeding 5% of the total area of annual crop land, perennial crop land, and aquaculture land to serve the public needs of the locality.

Agricultural land returned or donated by organizations, households, or individuals for state use, reclaimed land, and agricultural land acquired are sources for forming or supplementing the agricultural land fund used for public purposes of the commune, ward, or commune-level town.

For places where the agricultural land fund used for public purposes exceeds 5%, the area exceeding 5% is used for construction or compensation when using other lands for the construction of local public works; allocated to households or individuals directly engaged in agriculture and aquaculture production in the locality who have not been allocated land or lack production land.

According to Clause 2, Article 132 of the Land Law 2013, the agricultural land fund used for public purposes of the commune, ward, or commune-level town is used for the following purposes:

- Constructing public works of the commune, ward, or commune-level town, including cultural, sports, public recreational facilities, healthcare, education, markets, cemeteries, graveyards, and other public works as regulated by the provincial People's Committee;

- Compensating those whose land is used to construct public works of the commune, ward, or commune-level town, including cultural, sports, public recreational facilities, healthcare, education, markets, cemeteries, graveyards, and other public works as regulated by the provincial People's Committee;

- Building humanitarian and charitable housing.

For land that has not been used for the above purposes, the commune-level People's Committee may lease it to local households or individuals for agricultural and aquaculture production through auction for leasing. The land use term for each lease is not more than 05 years.

Revenue from leasing land belonging to the agricultural land fund used for public purposes must be paid into the state budget managed by the commune-level People's Committee and may only be used for the public needs of the commune, ward, or commune-level town as prescribed by law.

Note: The agricultural land fund used for public purposes of the commune, ward, or commune-level town is managed and used by the commune-level People's Committee where the land is located, in accordance with the land use plans approved by competent state authorities.

The above is our advisory opinion regarding the issue you are concerned about.

Respectfully!