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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
163/1999/ND-CP
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Hanoi,
November 16, 1999
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DECREE
ON ASSIGNING AND LEASING FORESTRY LAND TO ORGANIZATIONS,
HOUSEHOLDS AND INDIVIDUALS FOR STABLE AND LONG-TERM USE FOR FORESTRIAL PURPOSES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Forest Protection and Development of August 19, 1991;
Pursuant to the July 14, 1993 Land Law and the December 2, 1998 Law Amending
and Supplementing a Number of Articles of the Land Law;
At the proposal of the Ministry of Agriculture and Rural Development and the
General Land Administration,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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Article 2.- Forestry
land
Forestry land prescribed in this Decree
includes:
1. Land with natural forests, land with planted
forests.
2. Land with no forests but planned to be used
for forestrial purposes such as afforestation, marked off for tendering and
protection for nature rehabilitation, forestry research and experimentation.
Article 3.- Use purposes
of forestry land
The State shall assign and lease forestry land
to organizations, households and individuals for stable and long-term use for
forestrial purposes, which includes the following types:
1. Special-use forest land, which is the
forestry land area planned for building and developing forests to preserve the
nature; specimens of the national forest ecology, gene pools of forest flora
and fauna; scientific research, protection of historical and cultural relics
and scenic places, serving rest and recreation and tourism, protection of the
ecological environment, including:
a/ National parks,
b/ Nature conservation forests;
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2. Protection forest land, which is the forestry
land area planned for building and developing forests mainly to protect water
sources and soil, prevent erosion, reduce natural calamities, regulate the
climate and contribute to the protection of the ecological environment,
including:
a/ Headwater protection forest land, classified
into very important protection areas, important protection areas and less
important protection areas;
b/ Wind- or sand-shielding protection forest
land;
c/ Sea wave-shielding or sea-encroaching
protection forest land;
d/ Protection forest land to protect the ecological
environment.
3. Production forest land, which is the forestry
land area planned mainly for producing and dealing in forest trees, other
forest products, forest specialties, forest fauna, in combination with
protecting the ecological environment.
Article 4.- Objects to
be assigned forestry land by the State
The State shall assign forestry land without
collecting land use levy to the following objects:
1. Households and individuals directly engaged
in forestry, agriculture, fishery and salt-making activities that yield the
major source of income for their livelihood, which is certified by People’s
Committees of the commune, ward or township where exists the forestry land;
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3. State enterprises currently using forestry
land assigned by the State prior to January 1st, 1999;
4. Forestry breeding stations, farms and
enterprises, schools, vocational training schools;
5. Other organizations of different economic sectors
that were assigned forestry land by the State prior to January 1st, 1999 under
the Government’s
Decree No. 02/CP of January 15, 1994 may continue to use such land until the
expiry of the land assignment duration. Upon the expiry of the land assignment
duration, they must shift to the forestry land-leasing form.
6. Units of the people’s armed forces using forestry land in
combination with defense.
Article 5.- Objects to
be leased forestry land by the State
The State shall lease land to the following
objects for forestrial use:
1. Households and individuals, including those
prescribed in Clause 1, Article 4 of this Decree, that have a demand and are
capable of using forestry land for production and business;
2. Domestic organizations of all economic sectors;
3. Foreign organizations and individuals.
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ASSIGNING LAND, LEASING
LAND, GRANTING FORESTRY LAND USE-RIGHT CERTIFICATES
Article 6.- Assigning
forestry land to households and individuals
1. Households and individuals that have been
assigned forestry land by the State under the Government’s Decree No. 02/CP of January 15, 1994 may
continue to use such land in a stable and long-term manner and shall be granted
land-use right certificates.
2. Households currently using forestry land in
excess of the quota prescribed in Clause 1, Article 13 of this Decree before
January 1st, 1999 may continue to use such land in a stable and long-term
manner and shall be granted land-use right certificates.
Article 7.- Assigning
forestry land planned for building and developing special-use forests
1. The State shall assign to the Board of
Management of National Parks, the Board of Management of Nature Conservation
Parks, the Board of Management of Cultural, Historical Areas and the
Environment (hereinafter collectively referred to as the Boards of Management
of Special-Use Forests) for management and use the forestry land planned for
building and developing special-use forests under decisions of the Prime
Minister or the presidents of the People�s
Committees of the provinces and centrally-run cities.
2. The Boards of Management of Special-Use
Forests shall assign forestry land through contracts to households currently
living in the strictly-protected zones where there are not enough conditions to
move them out of these zones, according to the Regulation on the contractual
assignment of land by State enterprises for agricultural, forestrial and
aquacultural purposes issued together with the Government’s
Decree No. 01/CP of January 4, 1995.
3. For ecological rehabilitation zones, the
Boards of Management of Special-Use Forests shall assign through contracts to
households living in such zones for protection and afforestation.
4. For special-use forests with buffer zone
projects but the area of the buffer forestry land is not incorporated in the
planning of such special-use forests, the assignment or leasing of such buffer
forestry land shall comply with the provisions in Clause 2, Article 8, and
Article 9 of this Decree.
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1. The State shall assign forestry land planned
for building and developing headwater protection forests to the Boards of
Management of Protection Forests under decisions of the Prime Minister or the
presidents of the provincial People’s Committees for management, protection
and building according to the approved planning and plan.
2. The State shall assign forestry land planned
for building and developing less important protection forests, land of
scattered headwater protection forests where there are not enough conditions
for setting up a Board of Management of Protection Forests and various types of
protection forest land prescribed at Points b, c and d, Clause 2, Article 3 of
this Decree to other organizations, households and individuals for management,
protection, afforestation and exploitation according to the guidance of the
Ministry of Agriculture and Rural Development.
3. Organizations, households and individuals
using protection forest land must observe the provisions of the land
legislation and forest protection and development legislation.
Article 9.- Assigning
forestry land planned for building and developing production forests
The State shall assign forestry land planned for
building and developing production forests to households, individuals and
domestic organizations prescribed in Clauses 1, 3, 4, 5 and 6, Article 4, and
Article 6 of this Decree for use in forestrial production.
Article 10.- Leasing
forestry land
The State shall lease forestry land to Vietnamese
organizations, households and individuals and foreign organizations and
individuals for forestrial uses as follows:
1. Land planned for building and developing
production forests;
2. Headwater protection forest land in less
important regions and various types of protection forest land prescribed at
Points b, c and d, Clause 2, Article 3 of this Decree.
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Article 11.-
Contracting forestry land
1. The Boards of Management of Special-Use
Forests, the Boards of Management of Protection Forests and State enterprises
which are assigned or leased forestry land by the State shall contract forestry
land according to the Regulation on contractual assignment of land by State
enterprises for agricultural, forestrial and aquacultural purposes, issued
together with the Government’s Decree No. 01/CP of January 4, 1995 and
the Prime Minister’s
Decision No. 187/1999/QD-TTg of September 16, 1999 regarding the renewal of
organization and managerial mechanism in State-run forestry farms.
2. Organizations, households and individuals
that have planted agricultural perennial trees on forestry land without forests
which is now assigned by the State to enterprises, if suited to the approved
projects, shall shift to the forestry land-contracting form in accordance with
the Regulation on contractual assignment of land by State enterprises for
agricultural, forestrial and aquacultural purposes, issued together with the
Government’s
Decree No. 01/CP of January 4, 1995 or to the forestry land-leasing form.
Article 12.- Bases for
assignment and leasing of forestry land
1. The forestry land fund of each locality
2. The present situation of the management and
use of forestry land by organizations, households and individuals.
3. The assigned or leased forestry land quotas
prescribed in Article 13 of this Decree.
4. The organizations’ forestry land use demand written in the
projects approved by the competent State agencies; the households’ and
individuals’
applications for land assignment or leasing certified by the commune-level
People’s
Committees of the localities where forestry land is located.
Article 13.- Quotas of
assigned and leased forestry land
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2. Quotas of forestry land assigned to
organizations according to projects shall be approved by the competent State
agency(ies).
3. Quotas of forestry land leased to
organizations according to projects shall be approved by the competent State
agency(ies); Quotas of forestry land leased to households and individuals shall
depend on their land-leasing applications .
4. For uncultivated land, bare hills, coastal
sand land and sea-encroaching land, the quotas of land assigned to households
for forestrial use shall be decided by the provincial People’s
Committees, depending on the local land fund and their production capacity,
ensuring the implementation of the policy to encourage and create favorable
conditions for the exploitation and use of these types of land for forestrial
purposes.
Article 14.- Forestry
land assignment and leasing durations
1. The forestry land assignment duration is
prescribed as follows:
a/ The land assignment duration applicable to
organizations prescribed in Clauses 2, 3, 4 and 6, Article 4 of this Decree
shall conform to the projects approved by the competent State agency;
b/ The land assignment duration applicable to
organizations prescribed in Clause 5, Article 4 of this Decree shall last until
the expiry of the duration already assigned by the State;
c/ The land assignment duration applicable to
households and individuals for stable and long-term use shall be 50 years. Upon
the expiry of this duration, if the land users wish to continue using such
forestry land and during the course of using such land they have strictly
observed the land legislation and the forest protection and development
legislation, they shall be considered and assigned such land by the competent
State agency for continued use. If they plant trees with a cycle of over 30
years, after the expiry of this duration they shall still be assigned land for
use.
2. The forestry land assignment duration is
calculated as follows:
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b/ For organizations, households or individuals
that were assigned forestry land after October 15, 1993, their forestry land
assignment duration shall be calculated from the date of assignment;
3. The forestry land-leasing duration for
organizations, households and individuals shall be determined on the basis of
the projects approved by the competent State agencies or the land-leasing
applications of households or individuals but must not exceed 50 years.
Where a project needs to lease forestry land for
a duration of more than 50 years, it must be decided by the Prime Minister but
not exceed 70 years.
Upon the expiry of this duration, if the
organization, household or individual still needs to lease such forestry land
and has used such land for the right purpose, the State shall consider and
continue to lease the land to such organization, household or individual.
Article 15.- Combined
agro-forestrial production
Organizations, households and individuals that
are assigned or leased forestry land by the State as prescribed in Clause 4,
Article 7, Clause 2, Article 8 and Article 9 of this Decree may use the area of
land without forests for growing agricultural perennial trees which can help
protect the environment in a sustainable manner or constructing facilities in
service of landscape tourism under the forest canopy according to each project
approved by the competent State agency.
Article 16.- Competence
to assign or lease forestry land
1. The district-level People’s
Committees shall decide the assignment and leasing of forestry land to
households and individuals.
2. The provincial People’s Committees shall decide the assignment
and leasing of forestry land to organizations.
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1. The State agencies competent to assign and
lease forestry land prescribed in Article 16 of this Decree shall be also the
agencies competent to grant forestry land use right certificates. In cases
where the Government makes forestry land assignment decisions, the provincial
People’s
Committees shall grant the forestry land use certificates.
2. Organizations, households and individuals
that have been assigned or leased forestry land by the State shall be granted
land use right certificates.
3. Organizations, households and individuals
currently using forestry land which has neither been assigned nor leased before
the effective date of this Decree, if no dispute arises and they have used such
land for the right purpose, they shall be considered and assigned or leased
land and granted land use right certificates.
4. The land administration agencies shall assist
the People’s
Committees of the same level in processing the procedures for land assignment,
land leasing and granting forestry land use right certificates.
Chapter III
RIGHTS AND OBLIGATIONS
Article 18.- Rights and
obligations of organizations that are assigned forestry land by the State
1. Organizations that are assigned forestry land
by the State shall have the following rights:
a/ The rights prescribed in Clauses 1, 2, 4, 5,
6, 7 and 8 of Article 73 of the Land Law;
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c/ State enterprises and domestic economic
organizations shall also have the rights to mortgage properties under their
management which is associated with the right to use such land at a Vietnamese
credit institution to borrow capital for their production and business; make
capital contribution for production and business cooperation with domestic
organizations and/or individuals as well as foreign organizations and/or
individuals with the value of the land use right in order to continue using
their land for forestrial production purposes.
2. Organizations that are assigned forestry land
by the State shall have the following obligations:
a/ The obligations prescribed in Clauses 1, 2,
3, 6 and 7, Article 79 of the Land Law;
b/ To pay taxes and land administration fees as
prescribed by law;
c/ To observe the law provisions on forest
management, protection and development.
Article 19.- Rights and
obligations of households and individuals that are assigned forestry land by
the State
1. Households and individuals that are assigned
forestry land by the State shall have the following rights:
a/ The rights prescribed in Clause 3, Article 3,
Article 73, and Clause 3, Article 76 of the Land Law;
b/ To make capital contribution with their land
use right for production and business cooperation with domestic organizations
and/or individuals;
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2. Households and individuals that are assigned
forestry land by the State shall have the following obligations:
a/ The obligations prescribed in Clauses 1, 2,
3, 4, 6 and 7, Article 79 of the Land Law;
b/ To observe the law provisions on forest
management, protection and development.
Article 20.- Rights and
obligations of organizations, households and individuals with the forestry land
leased by the State
1. Organizations, households and individuals
that are leased forestry land by the State shall have the rights prescribed in
Clauses 1, 2, 4, 5, 6, 7 and 8, Article 73 of the Land Law. Depending on their
mode of payment of land rental for the entire land-leasing duration, for a
number of years or every year, households and individuals that are leased
forestry land by the State shall have the rights prescribed in Clause 9,
Article 1 of the Law Amending and Supplementing a Number of Articles of the
Land Law and organizations that are leased forestry land by the State shall
have the rights prescribed in Clause 12, Article 1 of the Law Amending and
Supplementing a Number of Articles of the Land Law.
2. Organizations, households and individuals
that are leased forestry land by the State shall have the obligations
prescribed in clauses 1, 2, 3, 4, 6 and 7, Article 79 of the Land Law, pay land
rental and observe the law provisions on forest management, protection and
development.
Article 21.- Rights and
obligations of organizations, households and individuals as transferees of the
forestry land use right
Rights and obligations of organizations,
households and individuals that are as transferees of the forestry land use
right from organizations, households or individuals that are assigned or leased
forestry land by the State in accordance with the provisions of law, shall have
the rights and obligations prescribed in Article 18, 19 and 20 of this Decree
during the time they are assigned or leased land by the State.
Chapter VI
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Article 22.-
Implementation effect
1. This Decree replaces the Government’s
Decree No. 02/CP of January 15, 1994 on the assignment of forestry land to
organizations, households and individuals for stable and long-term use for
forestrial purposes.
2. This Decree takes effect 15 days after its
signing.
Article 23.-
Organization of implementation
1. The Minister of Agriculture and Rural
Development, the Minister of Finance and the General Director of Land
Administration shall guide the implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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