What is the latest form of forest lease contract in Vietnam in 2024?
What is the latest form of forest lease contract in Vietnam in 2024?
The forest lease contract is an agreement between the lessee and the lessor regarding the leasing of forests and perennial plant land to protect and develop forests, promote forestry - agriculture production, tourism, and more.
Based on Form No. 12 of Appendix 2 issued along with Decree 91/2024/ND-CP, the form of forest lease contract is regulated as follows:
Download the Latest form of forest lease contract in 2024
What is the latest form of forest lease contract in Vietnam in 2024? (Image from the Internet)
What is production forest land? To which land category does it belong?
Based on Clause 3, Article 4 of Decree 102/2024/ND-CP detailing the type of land in the agricultural land group:
Article 4. Details on types of land in the agricultural land group
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2. Land for perennial crops is used for the purpose of planting types of plants sown once, growing for many years, and harvested one or multiple times.
3. Forestry land is used for the purpose of managing, protecting, and developing special-use forests, protection forests, and production forests as prescribed by forestry law, specifically classified as follows:
a) Special-use forest land is land with special-use forests as prescribed by forestry law, land assigned for developing special-use forests;
b) Protection forest land is land with protection forests as prescribed by forestry law, land assigned for developing protection forests;
c) Production forest land is land with production forests as prescribed by forestry law, land that has been assigned, leased, or converted to develop production forests.
4. Aquaculture land is land used specifically for aquaculture purposes.
- Land for concentrated livestock is land for building concentrated livestock farms in a separate area as prescribed by livestock law.
- Salt-making land is land used for producing salt from seawater.
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According to the above regulations, production forest land is land that has production forests according to forestry law, land that has been assigned, leased, or converted to develop production forests belonging to the agricultural land group.
How is the land levy for production forest land determined?
Based on Article 118 of the Land Law 2024 regarding the allocation of land without land levy:
Article 118. Allocation of land without land levy
- Individuals directly engaged in agricultural production are allocated agricultural land within the limits specified in Article 176 of this Law.
- Land for construction of premises for the Communist Party of Vietnam, state agencies, Vietnamese Fatherland Front, political - social organizations; socio-professional political organizations, social - professional organizations, social organizations, other organizations established under the law and assigned tasks, supported with operational funding by the State; national defense, security land; land used for public purposes not for business purposes; cemeteries, funeral homes, cremation sites, storage sites for remains not in cases specified in Clause 2, Article 119 of this Law; religious land to compensate for cases where the State recovers religious land.
- Users of special-use forest land, protection forest land, production forest land.
- Public non-business units using land for construction of non-business facilities.
- Communities using agricultural land; religious organizations, affiliated religious organizations using land as specified in Clause 2, Article 213 of this Law.
- Agencies and organizations using land to implement housing investment projects as specified by housing law.
- Ethnic minorities who are not individuals directly engaged in agricultural production but fall under the category of land allocation without land levy according to the policy specified in Article 16 of this Law.
- Organizations using land for residential construction serving State resettlement projects.
- The allocation of land specified in this Article is implemented according to the regulations in Article 124 of this Law.
According to the above regulations in Vietnam, production forest land is allocated by the state to land users without land levy.
