The withdrawing and transferring land of agriculture and forestry companies to local authorities in Vietnam
I am currently working at the Department of Environmental Resources, because of current and future job requirements, I have the following question: What are regulations on the withdrawing and transferring land of agriculture and forestry companies to local authorities in Vietnam? Thank you
Hai Duong (***@gmail.com)
The withdrawing and transferring land of agriculture and forestry companies to local authorities in Vietnam (Image from the Internet)
The withdrawing and transferring land of agriculture and forestry companies to local authorities are stipulated in Article 15 of Decree 118/2014/ND-CP on the restructuring, the development, and the improvement of agriculture and forestry companies. To be specific:
1. Land to be withdrawn from agriculture and forestry companies and transfer to local authorities includes: Land of dissolved companies; land that is no longer used because of the contraction of scale; empty land allocated by companies and land used for improper purposes; area of transferred land; area of land whose trees has been sold ; land for infrastructure not serving production; residential land according to approved local plannings and other types of land that must be withdrawn as prescribed in laws on land. Agriculture and forestry companies having withdrawn land must transfer all documents about the area of withdrawn land to the People’s Committee of the province where such land is located.
2. Withdrawn land prescribed in Clause 1 of this Article shall be handled in the following order of priority:
a) Land shall be allocated to local ethnic minorities who do not have land or do not have enough land for production, people who receive or lease land for production.
b) Households and individuals using land are allowed to continue using land in no-levy form.
c) Area of land allocated to households and individuals without collection of land levies as prescribed in Point a, Point b Clause 2 of this Article shall not exceed the average land area of the local households. The area exceeding the average area must be leased.
d) Property on land is valued according to market prices and laws on valuation at the time of allocation or lease to recover the capital of the State or the investors. Land receivers (organizations, households, individuals) must pay for the transfer within 1 year as from the date of transfer. Grant of exemption and reduction of transfer prices to poor households shall be considered depending on the remaining state capital.
Above is the content of regulations on the withdrawing and transferring land of agriculture and forestry companies to local authorities. For more detailed information, you can refer to Decree 118/2014/ND-CP.
Best regards!
