Many problems in management of land originated from state owned farms and State Forest Enterprises (SFEs)

Posted at: THUrsday - 08/11/2018 09:48 - post name: Cộng tác viên

 
Vice President of VUSTA- Dr. Nghiem Vu Khai and Vice Chairman of the Committee for Ethnic Minority Affairs of the National Assembly- Mr. Nguyen Lam Thanh chaired the workshop

Vice President of VUSTA- Dr. Nghiem Vu Khai and Vice Chairman of the Committee for Ethnic Minority Affairs of the National Assembly- Mr. Nguyen Lam Thanh chaired the workshop

“There are currently more than 745 agro-forestry organizations, hundreds of commune People’s Committees and thousands of households and individuals managing and using more than 9,554,845 ha of land originated from agriculture and forest enterprises. However, only the land of agro-forestry with an area of 252 2,018,879 area, accounting for 22% has been checked, measured, demarcated, and recorded”.

This is the data released at the workshop "Sharing results of implementation of Resolution 30/NQ/TU and Resolution 112/2015/QH13 on management of land originated from state-owned farms and SFEs" on October 16 in Hanoi organized by the Vietnam Union of Science and Technology Associations (VUSTA).

According to Mr. Trieu Van Binh - Deputy Director of the Department of Ethnic Minority Affairs (National Assembly office), through actual monitoring in some localities, the Ethnic Minority Council found that the observance of law provisions on procedures for land allocation and acquisition in most localities is not complied seriously. Large area of land was actually allocated to localities by agro-forestry enterprises but land revocation decisions were not been issued by the province. And many areas of land were recovered but local authorities did not decide to allocate land, lease land, issue certificates of land-use right to households and individuals.

The adoption and development of a plan for the use of land was slowly implemented by agro-forestry companies and organizations that were transformed from state-owned agricultural and forestry farms. This consumed much time and lacked realistic solutions.

The propagation and dissemination of land policies and laws has not been regularly and uniformly implemented in all regions; This is formalistic and ineffective, especially in ethnic minority areas where are home to ethnic minorities and many agro-forestry companies and forest management boards.

The state management of land originated from agricultural and forestry farms in localities is problematic, the observation of law provisions on land is not seriously complied, in particular, the procedures for allocation, lease and recovery of land, valuation of land use rights; extension of the duration of land allocation to land lease, granting of land use right certificates and fulfillment of financial obligations on land were not been strictly followed.

The transition from non-of-charge land allocation to land leasing and delay of implementation of land management by some local People's Committees is one of the most important reasons for loose management of land by agricultural and forestry companies; intentional retain of land in spite of limited current labor resources; the problem of encroaching upon, leasing, lending, making unlawful joint-venture or unlawful linkage relating to land, etc.

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Mr. Trieu Van Binh - Deputy Director of the Department of Ethnic Minority Affairs (National Assembly office) delivered a speech

At the workshop, delegates agreed on measures to solve the above-mentioned problem in order to improve the effectiveness of implementation of the resolutions of the Central Committee and the National Assembly, to strengthen monitoring activities of the National Assembly, agencies of the National Assembly, the National Assembly Delegation, the People's Council at all levels on the management and use of land in general and the land originated from State agricultural and forestry farms in particular used by agricultural, forestry companies, forest management boards, and other organizations, households and individuals.

Fully completing the objectives of reviewing, assessing the current situation and demand for land use and forest management; Reviewing and adjusting the land use planning, measurement and demarcation, making cadastral maps and dossiers, and issuing land use right certificates to the subjects who are assigned or leased land, fully recovering land rental from agricultural and forestry companies in 2019.

The Government should continue to direct the study and amendment of procedures for bankruptcy of agricultural and forestry companies, dissolution of inefficient and loss-making entities; the mechanism of contracting the use of agricultural land with organizations which are assigned or leased land by the State under the provisions of law; To promulgate mechanisms and policies on forest protection in association with sustainable poverty reduction; support for ethnic minorities, foresters, forest protection and management to get income from forests for the stability of life under the Resolution 112 of the National Assembly.

Resolutely dissolving, permitting bankruptcy for inefficient and prolonged loss-making agricultural and forestry companies that fail to manage land, allocate land for improper purposes, fail to fulfill their financial obligations on land, etc. Revoking the unused land area or land used for wrong and ineffective purposes, handing the land over to the authorities for management and use. Allocating budget for measuring and issuing land use right certificates for land areas already returned to localities.

For localities, it is necessary to intensify the propagation and dissemination of land policies and laws, ensuring practicality and efficiency, especially for regions inhabited by ethnic minorities and agro-forestry companies and forest management board.

Strictly implementing regulations on spending a minimum of 10% of proceeds from land on land management, mapping, demarcation and issue of land use right certificates....

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Scene of the workshop

In addition, all participants said that it was necessary to expeditiously review the entire area of ​​land originated from agricultural and forestry farms in the province in order to complete the procedures and documents of land management under law provisions, such as updating cadastral documents; issuing decisions on land revocation and land allocation for land areas of agro-forestry companies and forest management boards which were already handed over to localities but lacked decisions on land renovation and allocation; to strictly comply with the provisions of law on land finance.

To expeditiously implement the scheme on allocation of land and forests to people that were handed over by ​​agricultural and forestry farms to localities for management, especially the ethnic minorities who lack or have no land. The land for production, management and use shall comply with the provisions of the land law. To integrate the land area of ​​the agricultural and forestry farms that were handed-over to the localities into that of such localities in the master plan of land use.

To early approve land use plans of agricultural and forestry farms in the province, especially those managed by central ministries and branches.

To intensify the inspection, examination and auditing and thorough settlement of the situation of disputes, encroachment, lease or lending of land for improper purpose that are problematic in agro-forestry and forest companies and forest management boards.

For agro-forestry companies, it is vital to focus on renovating production plans to improve the efficiency of production and business of companies. To review the actual land use needs of companies, thereby, requiring agro-forestry companies to return land areas with low efficiency to localities for handing over to local people for management and use.

For areas of land planned to return to the localities but not yet handed over due to problems relating to assets attached to land: companies temporarily manage these areas of land to the end of the business cycle. After exploitation and disposal of assets attached to land, these areas of land will be handed over to the localities. The situation of disputes and encroachment on the land area will be absolutely solved./.

Author: PV
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