This is a notable content mentioned by the Government of Vietnam in Decree 118/2014/ND-CP which stipulates the reorganization, renovation, development, and enhancement of the operational efficiency of agricultural and forestry companies.
Source: Internet
According to the provisions of Decree 118/2014/ND-CP, the land of agricultural and forestry companies being illegally occupied by households or individuals shall be resolved as follows:
- For land areas that households or individuals are cultivating and are included in the company's land use plan, the company will consider accepting and subcontracting the land. In the event that the household or individual does not accept subcontracting with the company, the land shall be recovered in accordance with the law on land.- For land areas that households or individuals are cultivating, if the company no longer needs to use them and they do not affect the company's land use plan, the land shall be transferred to the local authority to be resolved in accordance with the provisions of Clause 2, Article 15 of Decree 118.- For illegally occupied land that has been transferred unlawfully, the land shall be recovered and transferred to the local authority to be resolved in accordance with the provisions of Clause 2, Article 15 of Decree 118.
Thus, depending on the specific cases of land being illegally occupied by households, different resolution methods will be applied.
See detailed regulations in Decree 118/2014/ND-CP effective from February 1, 2015.
Thu Ba
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