Land is property owned by the entire people, represented by the State. According to the law, public benefits from the public land fund will belong to the state budget. So about the matter “Collecting yields from public land funds in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015;
- Land Law 2013;
- Circular 344/2016/TT-BTC.
What is public land?
According to Clause 1, Article 132 of the 2013 Land Law, public land is understood as the agricultural land fund used for public purposes not exceeding 5% of the total area of land for growing annual crops, land for growing perennial crops, land for aquaculture, etc. produce to serve local public needs.
Can public land be issued with a red book?
According to Article 19 of Decree 43/2014/ND-CP stipulating cases in which the Certificate of land use rights and ownership of houses and land-attached assets is not granted, the following cases are not granted:
– Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the 2013 Land Law include:
The head of the organization is responsible for the management of land in the following cases:
+ Organizations assigned to manage public works, including roads, bridges, culverts, sidewalks, water supply systems, drainage systems, irrigation works, dikes and dams; squares, monuments, memorials;
+ Economic organizations assigned to manage land areas for implementation of investment projects in the form of build-transfer (BT) and other forms in accordance with the law on investment;
+ Organizations assigned to manage land with water surface of rivers and land with specialized water surface;
+ The organization assigned to manage the recovered land fund under a decision of a competent state agency.
+ Chairpersons of commune-level People’s Committees are responsible for the management of land used for public purposes assigned for management, unallocated land, and land not yet leased in the locality.
+ Presidents of People’s Committees of provinces and centrally run cities are responsible for the management of unused land on uninhabited islands in the locality.
+ The representative of the residential community is the person responsible for the land assigned to the residential community for management.
– Persons who are managing and using agricultural land belonging to the public land fund of communes, wards or townships.
– Persons who lease or sublease land from land users, except for the case of leasing or subleasing land from investors building and trading infrastructure in industrial parks, industrial clusters, export processing zones, and technology parks high, economic zone.
– Persons who contract land in agricultural farms, forestry farms, agricultural and forestry enterprises, protection forest management boards, and special-use forest management boards.
– Current land users are not eligible for a Certificate of land use rights, ownership of houses and other land-attached assets.
– Land users who are eligible for a certificate of land use rights and ownership of houses and other land-attached assets but have received a notice or decision on land recovery from a competent state agency.
– Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of constructing public works, including roads, water and petrol, oil and gas pipelines; power transmission lines, information transmission; outdoor entertainment area; Cemeteries and graveyards are not for 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.
Civil law provisions on yields
Based on the natural development of the property and the exploitation and use of the property to obtain certain material benefits, the current civil law provides for specific yields such as: after:
According to the provisions of Clause 1, Article 109 of the 2015 Civil Code, yield is a natural product that property brings. In social relations the word “yield” can also be called “fruit”. Therefore, the “yield” or “fruit” of an asset (the host) follows a natural biological law and periodically generates a new product.
According to the provisions of law, the determination of whose yield belongs to whom or who has the right to enjoy the profits from the property, it is still necessary to determine according to the provisions of law on the basis for establishing the property rights. beneficial to the yield.
The provisions of the current Civil Code on determining the right to benefit from property are as follows:
+ Article 231 on establishing ownership rights over lost cattle;
+ Article 232 on establishing ownership rights over lost poultry;
+ Article 236 on establishing ownership rights according to statute of limitations due to possessing or benefiting from property without a legal basis;
+ Article 291 on enjoyment of profits and loss of contracted cattle.
Regulations on collecting public benefits from the public land fund
Clause 2, Article 3 of Circular 344/2016/TT-BTC stipulates that commune budget revenues are entitled to, including state budget revenues decentralized to the commune budget and contributions mobilized from agencies and organizations. , individuals on the principle of voluntary to build infrastructure works according to the provisions of law decided by the Commune People’s Council to include in the commune budget for management:
+ Commune budget revenues include revenues decentralized to the commune budget to enjoy 100%, revenues divided by a percentage (%) between the commune budget and the superior budget, additional revenue from the superior budget. ;
+ For revenues from the public land fund and other public benefits, communes are not allowed to bid for lump sum collection for many years, which affects the balance of the commune’s budget in the following years; In cases where it is absolutely necessary to collect a lump sum for a number of years, it shall only be collected during the term of the Commune People’s Council, not before the time of the next term of the People’s Council, except for auction collection. land use rights in accordance with the law on land.
Collecting yields from public land funds in Vietnam
100% of the commune’s budget revenues are those for the commune to use entirely to take initiative in the budget source to ensure the tasks of recurrent expenditure and development investment. Pursuant to the principle of decentralization of revenue management and expenditure tasks for the commune budget specified in Article 4 of Circular 344/2016/TT-BTC, the People’s Council of the province considers decentralizing 100% of the commune budget to the commune budget. the following revenues:
Charges and fees assigned to communes for collection according to regulations;
Revenues from non-business activities of the commune, part paid to the state budget according to the provisions of law;
Revenues from the public land fund and other public benefits managed by the commune in accordance with law;
Money collected from sanctioning administrative violations, fines and other confiscation as prescribed by law shall be implemented by commune level;
Revenues from property with which the State’s ownership rights have been established shall be handled by agencies, units and organizations of the commune in accordance with law, after deducting expenses as prescribed by law;
Funds mobilized and contributed from agencies, organizations and individuals include: contributions as prescribed by law, contributions on the voluntary principle for investment in infrastructure construction by The People’s Council of the commune shall decide to include it in the budget of the commune for management;
Non-refundable aid from international organizations, other organizations and individuals abroad directly to the commune budget;
+ Collect the surplus of the commune budget in the previous year;
+ Revenue transferred from the commune budget in the previous year;
+ Other revenues from the commune budget as prescribed by law.
Thus, public yields are one of the revenue sources of the commune budget.
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Frequently asked questions
According to the provisions of Clause 1, Article 109 of the 2015 Civil Code, the definition of yield is as follows: “A yield is a natural product that property brings”.
Yields are products (new things) created by natural development with organic properties obtained from original things, from cultivation or from livestock such as fruits of trees, eggs laid by poultry…
In principle, the original owner of the object is the owner of the yield, unless otherwise agreed or provided for by law.
Article 224 of the 2015 Civil Code provides as follows:
“Article 224. Establishment of ownership rights to yields and profits
Owners and users of assets have ownership rights to yields and profits as agreed upon or prescribed by law, from the time they are obtained.
Pursuant to the above provisions, the person establishing the yield includes:
• Owner;
• Property users.
The purpose of using public land funds is specified in Clause 2, Article 132 of the Land Law 2013 as follows:
– Construction of public works of communes, wards and townships, including cultural, physical training and sports facilities, public recreation and entertainment, health care, education, markets, cemeteries, graveyards and other facilities. other public works as prescribed by the provincial People’s Committee;
– Compensation for people whose land is used for construction of public works;
– Building houses of gratitude, houses of love.
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