What is agricultural land for public purposes? What are regulations on lease of agricultural land for public purposes for households and individuals? - Hoang Khai (Long An, Vietnam)
Article table of contents
Vietnam: What is agricultural land for public purposes? 06 things to know about agricultural land for public purposes
1. What is agricultural land for public purposes?
- According to Clause 1, Article 132 of Vietnam's Land Law 2013, Agricultural land for public purposes is an agricultural land fund for public purposes of the locality which does not exceed 5% of the total land area for annual crops, perennial crops and aquaculture production.
At the same time, the establishment of the public land fund based on the land fund, characteristics and demands of the locality, each commune, ward or township may establish an agricultural land fund for public purposes according to regulations.
In addition, in a locality where the area of agricultural land fund used for public purposes exceeds 5%, the excess area must be used for construction or compensation when other land is used for construction of public facilities of the locality;
Or be allocated to households and individuals that are directly engaged in agriculture or aquaculture in the locality but have not been allocated or still lack production land.
2. Source of public purpose land
According to Clause 1, Article 132 of Vietnam's Land Law 2013, the source of public land is as follows:
- The land fund, characteristics and demands of the locality, each commune, ward or township
- Agricultural land which is returned or to which land use rights are donated to the State by organizations, households or individuals, reclaimed land and expropriated agricultural land constitute the source for creation or supplementation of the agricultural land fund used for public purposes of the commune, ward or township.
3. Purpose of agricultural land for public purposes
The purposes of agricultural land for public purposes are specified in Clause 2, Article 132 of Vietnam's Land Law 2013 as follows:
(1) Construction of public facilities of the locality, including facilities for culture, physical training and sports, entertainment, recreation, health, education, markets, cemeteries, graveyards and other public facilities in accordance with regulations of the provincial-level People’s Committee;
(2) Compensation for people whose land is used for construction of public facilities as prescribed at Point a of this Clause;
(3) Construction of gratitude houses and charity houses.
4. Regulations on the lease of agricultural land for public purposes
According to Clause 3, Article 132 of Vietnam's Land Law 2013, the lease of agricultural land for public purposes is as follows:
- The commune-level People’s Committee shall lease the land area which has not been used for the purposes specified in Clause 2 of this Article to households and individuals in the locality for the purposes of agriculture and aquaculture, through auctions of land lease. The land use term for each lease period must not exceed 5 years.
- Rentals gained from the lease of land that is part of the agricultural land fund for public purposes must be paid to the state budget under management of the commune-level People’s Committee and may only be used for public needs of the commune, ward or township in accordance with law.
5. Regulations on the management of agricultural land for public purposes
For the management of public land according to Clause 4, Article 132 of Vietnam's Land Law 2013, the agricultural land for public purposes of a commune, ward or township must be managed and used by the commune-level People’s Committee of the locality in accordance with the land use master plan and plans approved by competent state agencies.
6. Is agricultural land for public purposes eligible for LURC issuance?
Article 19 of Vietnam's Decree 43/2014/ND-CP stipulates entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets
- Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of Vietnam's Land Law 2013 include:
+ The head of an organization is responsible for land management in the following cases:
++ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;
++ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;
++ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;
++ Organization
+ The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.
+ The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.
+ The representative of a community is responsible for land allocated to the community for management.
- Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.
- Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
- Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.
- Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.
- Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.
- Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.
Thus, people who are managing and using agricultural land belonging to the public land fund of communes, wards and townships will not be granted land use right certificates.
Quoc Dat
