Public land is a land fund established by each locality for socio-economic purposes to serve the common interests of a particular community. Each local government usually builds a public land fund to serve cultural and social events of local people. So about the matter “Regulations on leasing public land of communes in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is public land?
According to the provisions of Article 132 of the 2013 Land Law, the determination of public land based on the land fund, characteristics and needs of the locality, each commune, ward and township is allowed to set up a fund of agricultural land used for the purpose. public utility does not exceed 5% of the total area of land for growing annual crops, land for growing perennial crops, and land for aquaculture to serve local public needs.
Agricultural land, reclaimed land and reclaimed agricultural land returned or donated by groups, households and individuals with the right to use it to the national government will be a resource to form and supplement the agricultural land fund. will be used in the future. Public purposes of cities, counties and communities.
If the remaining 5% is used for public purposes, compensation shall be paid if 5% or more is used for construction or other land is used for the construction of public works. To assign to households and individuals directly engaged in agricultural production or aquaculture in the locality that have not yet been allocated land or lack production land.
Basis for determining public land
Public land is defined by its intended use. In practice, public land is used in the following cases:
Public land used for construction of public works in towns, wards and communes
Public land is used for construction of public works serving the lives of local people: cultural works, physical training and sports facilities, public entertainment areas, medical stations, education, areas market and other works as prescribed by the provincial People’s Committee.
Public land is used to compensate people whose land has been recovered
For those whose land is recovered to use for the construction of public works, the state compensates the people according to a reasonable level of compensation according to the provisions of the land compensation policy.
Public land is land used to build houses of love
In addition to serving public needs, public land is also used to build houses of compassion for households and individuals eligible to receive subsidies to ensure people’s lives. State for policy families.
Purpose of public land use
The agricultural land fund used for public purposes of communes, wards and towns shall be used for the following purposes:
Construction of public works of communes, wards and townships, including cultural, physical training and sports facilities, public recreation and entertainment, healthcare, education, markets, cemeteries, graveyards and other public works. other public works as prescribed by the provincial People’s Committee;
Compensation to people whose land is used for construction of public works specified at Point a of this Clause;
Build houses of gratitude, houses of love.
Public land is used for public and community purposes, so the use of this land must meet the provisions of the law on land: authority, land use limit.
Regulations on leasing public land of communes in Vietnam
Pursuant to the provisions of Article 132 of the 2013 Land Law, the guidelines for the public land fund are as follows:
“Article 132. Agricultural land used for public purposes
1. Based on the land fund, characteristics and needs of the locality, each commune, ward or township may set up an agricultural land fund for public purposes of not more than 5% of the total annual cropland area. land for perennial crops, land for aquaculture to serve local public needs.
Agricultural land returned or donated by organizations, households or individuals with use rights to the State, reclaimed land or recovered agricultural land is the source to form or supplement the agricultural land fund used in the future. public purposes of communes, wards and townships.
For places where agricultural land has been left for public purposes in excess of 5%, the area beyond 5% shall be used for construction or compensation when other land is used for construction of public works. local plus; assigned to households and individuals directly engaged in agricultural production or aquaculture in the locality that have not yet been allocated land or lack production land.
2. The agricultural land fund used for public purposes of the commune, ward or township shall be used for the following purposes:
a) Construction of public works of communes, wards and townships, including cultural, physical training and sports facilities, public recreation and entertainment, healthcare, education, markets, cemeteries, graveyards and other public works as prescribed by the provincial People’s Committee;
b) Compensation for people whose land is used for construction of public works specified at Point a of this Clause;
c) Building houses of gratitude and houses of compassion.
3. For the unused land area for the purposes specified in Clause 2 of this Article, the commune-level People’s Committees shall lease it to local households and individuals for agricultural production and aquaculture according to regulations. Auction for rental. The land use term for each lease must not exceed 5 years.
The proceeds from the lease of land belonging to the agricultural land fund used for public purposes must be remitted into the state budget managed by the commune-level People’s Committees and may only be used for the public needs of the communes, wards, and communes. town in accordance with the law.
4. The agricultural land fund used for public purposes of the commune, ward or township shall be managed and used by the People’s Committee of the commune where the land is located according to master plans and plans on land use already approved by authorized agencies to approve.”
What is the order and procedure for leasing public land?
According to Point dd, Clause 1, Article 118 of the 2013 Land Law, it stipulates:
“The State allocates land with collection of land use levy or leases land in the form of land use right auction in the following cases, except for the cases specified in Clause 2 of this Article:
dd) Leasing agricultural land for public use for agricultural production, forestry, aquaculture, and salt production;”
Households/individuals contact the Commune People’s Committee to submit an application for an auction of land lease rights. The dossier includes: (1) an application for land lease; (2) identity card/permanent household registration (certified copy); (3) land use project/plan (if any).
Order and procedures for renting public land
• Commune-level People’s Committees consider and organize auctions to receive bids;
• Households/individuals directly participating in the auction;
• The results of winning the auction and receiving the land use contract will be added to the land lease dossier and serve as the basis for making and signing the land lease contract.
Pursuant to Clause 1, Article 132 of the Land Law 2013, “For places where the agricultural land fund has been left for public purposes in excess of 5%, the area beyond 5% shall be used for construction or compensation when using other land for construction of local public works; assigned to households and individuals directly engaged in agricultural production or aquaculture in the locality that have not yet been allocated land or lack production land.”
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Please see more
- Agricultural land tax under Vietnam law
- Regulations on public land planning in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
According to the provisions of Clause 3, Article 132 of the 2013 Land Law, if he wants to use this land, he must conduct an auction of land use rights to rent the land. And the time to use this land is not more than 5 years. If after the end of 5 years, he still needs to use the land, he must carry out the extension procedure to continue using the land:
For the unused land area for the purposes specified in Clause 2 of this Article, the commune-level People’s Committee shall lease it to local households and individuals for agricultural production and aquaculture in the form of Auction for rental. The land use term for each lease must not exceed 5 years.
According to Clause 3, Article 59 and Clause 4, Article 132 of the 2013 Land Law:
“Commune-level People’s Committees lease land belonging to the agricultural land fund for public purposes of communes, wards and townships”.
The agricultural land fund used for public purposes of the commune, ward or township shall be managed and used by the People’s Committee of the commune where the land is located according to master plans and plans on land use already approved by state agencies. approved by competent authorities.”
According to Article 72 of the 2013 Land Law, each locality is allowed to set up a fund of agricultural land for local public purposes not exceeding 5% of the total annual land area, land for planting perennial crops, land for aquaculture.
For localities that use more than 5% of the land fund for public purposes, the area beyond that 5% will be used for construction or compensation for households whose land is acquired to build public works. local public works or assigned to individuals and households that do not have land for them to use for cultivation and agricultural production.
Conclusion: So the above is Regulations on leasing public land of communes in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
