The DECREE On land, forest land for rental organizations, households, and individuals use stable, long-term forestry purposes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law to protect and develop forests on August 19, 1991;
Pursuant to the law of the land on 14 July 1993 and the law amending and supplementing some articles of the law of the land on 02 December 1998;
According to the recommendation of the Minister of agriculture and rural development, General Director of the Bureau of the prefecture.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope this regulation on State forest land allocation for the Organization, household, personal use, long-lasting stability in the form of land do not collect money for land use and forestry land.
Article 2. Forest land forest land specified in the Decree include: 1. The land of natural forests, planted forests are land.
2. forest lands is planned for use on forestry purposes such as reforestation, farming, protection to natural recovery, research laboratory of forestry.
Article 3. The purpose of using forest land State land, forestry land for rental organizations, households, individuals use stable, long-term forestry purposes, including the following: 1. forest land forest Land for forestry land is planning to build, develop forest to nature conservation; the standard form of the nation's forest ecosystems; plant genetic resources, forest animals; scientific research; protect the historic, scenic and cultural, leisure service travel, ecological environment protection, including: a) the Park;
b) protected forests;
c) cultural-historical forests-environment (landscape protection).
2. protective forest Land is the land of forestry construction planning, development of forest mainly to protect water resources, protection of the soil, prevent erosion, disaster limitation, regulate climate, contributes to the protection of the ecological environment, including: a) protective watershed are categorized into the very weak pulse hedge , the protective impulse, the little hedge weak pulse;
b) protective windshield, definitely sand;
c) protective shield, reclaimed;
d) protective ecological environment protection.
3. Forest Land forest land production is planned mainly for the production of forest tree business, types of other forest products, specialty Woods, jungle animals and associated protective ecological environment protection.
Article 4. The object to be delivered to state forest land forest land allocation state don't collect money using the land for the following objects: 1. Households, direct personal labor of forestry, agriculture, fisheries, the salt which living mostly on income from productive activities which , was the people's Committee of the communes, wards and towns where there is forest land;
2. special-purpose forest management, forest protective;
3. State enterprises are using forest land by State Affairs before 1 January 1999;
4. Stations, camps, like forestry enterprise, school, vocational school;
5. other organizations in the economic sectors have been allocated state forest land under Decree 31/CP on October 15, 1994 by the Government before 1 January 1999 continued to use until the end of the time limit for delivery of the land. Upon expiry of the delivery are transferred to forestry land;
6. Units of the people's armed forces of using forest land in combination with the defense.
Article 5. Object state by State forestry land rental for the following object of leasing land for use in forestry purposes: 1. individual households, including households, individuals specified in paragraph 1 of article 4 of this Decree, the demand and the possibility of using forest land for production and business;
2. Held in the country in all economic sectors;
3. organizations and individuals abroad.
Chapter II, LAND RENTAL, CERTIFICATION of FORESTRY LAND USE RIGHTS article 6. Delivery of forest land for households and individuals 1. Households, individuals have been assigned State forest land under Decree 31/CP on 15 January 1994 the Government's continued use of stable, long-term and be granted land use right certificate.
2. Households are using forest land beyond the limits specified in paragraph 1 of article 13 of this Decree before 1 January 1999 are continuing to use stable, long-term and be granted land use right certificate.
Article 7. Forest land allocation planning to build special-purpose forests, growing 1. The State of affairs for national management, the management of natural protected areas, management of culture-history-the environment (hereinafter referred to as special purpose forest management), management of forestry land use planning to build special-purpose forest development, according to the decision of the Prime Minister or Chairman of the provincial people's Committee , central cities.
2. special-purpose forest management of forestry land allocation for households living in the strictly protected areas but had not moved them out of the conditions of the region according to the regulation on the allocation of land use in agriculture, forestry, aquaculture in the State enterprises attached to Decree No. 12/CP dated April 7, 1995 of the Government.
3. for ecological recovery areas, forest management, special-purpose for households living in it for protection, causing forest planting stock by contract.
4. for special use forests has the project buffer zone, an area of forest land non-buffer in the planning of the special-purpose forests, land, lease forest land buffer made according to the provisions in clause 2 article 8 and article 9 of this Decree.
Article 8. Forest land allocation planning to build protective forests, growing 1. The State allocated forest land planning to build protective forest development, watershed management protective forests by decision of the Prime Minister or Chairman of the provincial people's Committee to manage, protect, built according to the plan and the plan was approved.
2. State forest land allocation planning to build, develop protective forest watershed at least weak pulse, soil protective forests distributed watershed not eligible to establish a forest management and forest soils protective regulations in points b, c and d, paragraph 2 of article 3 of this Decree for other organizations , households and individuals to manage, protect, new plantings and exploited under the guidance of the Ministry of agriculture and rural development.
3. Organize, household, personal protective forest land use must be made of the provisions of the law of the land, the law on the protection and development of forests.
Article 9. Forest land allocation planning to build, develop production forest land state forestry construction planning, development of forest produce to households, individuals and organizations in the country specified in the paragraph 1, 3, 4, 5, 6 article 4 and article 6 of this Decree for use in forestry production purposes.
Article 10. State forestry land rental for organizations, households, individuals, organizations, foreign individuals to use forestry land into forestry purposes, as follows: 1. Ground is planned to build, development of forest production;
2. protective land drained the region of less importance and protective forest soils stipulated in points b, c, d paragraph 2 of article 3 of this Decree.
3. Forest Land for special use to the business landscape, eco-tourism under the forest canopy, according to the regulations of the Ministry of agriculture and rural development.
Article 11. Forestry land

1. special-purpose forest management, forest management, State enterprise is State land, lease forest land forest land made under the provisions of a regulation on the allocation of land use in agriculture, forestry, aquaculture in the State enterprises attached to Decree No. 12/CP of 1995 01/04 And Government decision No. 185/1999/QD-TTg dated 16 September 1999 by the Prime Minister on the renewal of the Organization and the management mechanism of forestry business.
2. organizations, households, individuals have the perennial agricultural tree planted on forest land forest that no State was assigned to the enterprise, if consistent with the project, switch to the form of forestry land in accordance with a regulation on the allocation of land use for agricultural purposes , forestry, aquaculture in the State enterprises attached to Decree No. 12/CP dated April 7, 1995 by the Government or the forestry land.
Article 12. Pursuant to the land, forest land rental 1. Forest Land Fund of each locality.
2. Current State of land use, management of forestry institutions, households and individuals.
3. Quota allocated land, lease forest land as stipulated in article 13 of this Decree.
4. land use and forestry needs of the Organization in the project is the competent State agencies; application for land allocation, land of forestry households, individuals are social people's Committee, which has forest land certification.
Article 13. Traffic limit of land, forest land rental 1. Forestry land limit assigned to households because of provincial people's Committee decided not to exceed 30 ha.
2. forest land allocation limit for organized under the project are the competent State agencies for approval.
3. Limits of forestry land for lease project organization is the competent State agencies; forestry land limit for households and individuals hired under the land claims of individual households.
4. for open ground, Bare hills and mountains, the coastal sandy soil, the soil level polder land allocated for household use in forestry purposes by the provincial people's Committee decision based on local land funds and their production capabilities, ensuring the implementation of the policy of encouraging create conditions conducive to exploitation using this land into forestry purposes.
Article 14. The term land lease forest land 1. The time limit for delivery of forest land defined as follows: a) the time limit for land allocation for the organization specified in paragraphs 2, 3, 4, 5 article 4 of this Decree under the project are the competent State agencies;
b) the time limit for delivery of forest land to institutions specified in clause 5, article 4 of this Decree are specified to the end of time has been the State of affairs;
c) the time limit for delivery of land to households and individuals, using the long-term stability of 50 years. Upon expiry, if the user needs to continue land use and in the process of using forest land Executive right of land legislation, the law on the protection and development of forests, is the competent State agencies consider that land to continue use. If the forestry cycle crops on 50 years, when the expiry was the State of communication to use.
2. The time limit for delivery of forest land is calculated as follows: a) organizations, households, individuals are assigned State forest land since 15 October 1993 and earlier, it is consistency from October 15, 1993;
b) organizations, households, individuals assigned forest land after 15 October 1993 shall be counted from the date of delivery.
3. The time limit for the Organization, household, personal lease forest land is determined according to the project by the State Agency has the authority to approve the application of land rental, household, personal but not more than 50 years.
Project cases in need of forestry land rental on 50 years, must be the Prime decision but not more than 70 years.
This time limit runs out, if held, households, individuals still in need of forestry land and use land rent right shall be the State purpose considering the next rental.
Article 15. Production forestry-agriculture associated organizations, households, individuals are assigned State land lease forest land specified in clause 4 Article 7, paragraph 2 article 8 and article 9 of this Decree was to use land not have forest to agricultural perennial crops have protective effects on the environment or sustainable building works under landscape forest tourism as each project is the competent State agencies for approval.
Article 16. The authority assigns the lease forest land 1. The people's Committee of the district level decisions, lease forest land for households and individuals;
2. provincial people's Committee decisions, lease forest land for the organization.
Article 17. Certification of forestry land use 1. The competent State agencies, forestry land rental stipulated in article 16 of this Decree is also the competent authority issued the certificate of the right to use forest land. In the case of the Government forestry decisions, the provincial people's Committee grant land use right certificate.
2. organizations, households, individuals have to be State land, lease forest land to be granted land use right certificate.
3. organizations, households, individuals are using forest land not yet delivered or yet to be hired before the decree to this effect, if no disputes, land use right, the purpose being to consider land or rent land and was granted land use right certificate.
4. main agency helping the people's committees at the same level of land allocation procedures, land leasing, certification of forestry land use rights.
Chapter III RIGHTS and OBLIGATIONS Article 18. Rights and obligations of the Organization was assigned forest land 1. Organized by the State forestry land has the right to: a) the rights specified in paragraphs 1, 2, 4, 5, 6, 7, 8 Article 73 of the law of the land;
b) are exempt from tax or reduce use of land in accordance with the law; enjoy the support policy of the State in the protection and development of forests;
c) State enterprises, economic organizations in the country are also entitled: mortgage assets in its management rights associated with land use in Vietnam's credit institutions to business loans; partnership capital contribution, with business organizations, individuals, organizations, foreign individuals equal to the value of land use rights to continued use in forestry production purposes.
2. The organization was assigned forest land have the obligation to: a) the obligations provided for in the paragraph 1, 2, 3, 6, 7 to article 79 of the law of the land;
b) tax, cadastral fees prescribed by law;
c) implementation of the provisions of the law on the protection, management and development of forests.
Article 19. The rights and obligations of households, individuals are assigned State forest land 1. Households, individuals are assigned State forest land has the right to: a) the rights specified in paragraph 3 of article 3, Articles 73 and 76 of the Act Article 3 paragraph land;
b), which is equal to the value of land use for production and business cooperation with organizations and individuals in the country;
c) tax reduction or Exemption of land use under the provisions of the law; enjoy the support policy of the State in the protection and development of forests.
2. Households, individuals are assigned State forest land has the obligation to: a) the obligations specified in paragraphs 1, 2, 3, 4, 6, 7 to article 79 of the law of the land;
b) implementation of the provisions of the law on the protection, management and development of forests.

Article 20. The rights and obligations of organizations, households, individuals are State forest land rental 1. Organizations, households, individuals are State forest land rental has the rights specified in paragraphs 1, 2, 4, 5, 6, 7, 8 Article 73 of law of the land. Depending on the method of paying land rent both time and land rent, paid land rental for many years or pay annual rents that households, individual State forestry land rental has the rights specified in paragraph 1 of Article 9 law on amendments and supplements to some articles of the law of the land and organized by the State forestry land rental rights reserved regulations in paragraph 12 article 1 of the law on amendments and supplements to some articles of the law of the land.
2. organizations, households, individual State forestry land rental the obligations specified in paragraphs 1, 2, 3, 4, 6, 7 Article 79 of law of the land; land leasing, implementation of the provisions of the law on the protection, management and development of forests.
Article 21 the favourites. The rights and obligations of organizations, households, individuals receive the transfer of land use right of forestry organizations, households, individuals receive the transfer of land use right from forestry organizations, households, individuals have been delivered, State forest land for lease under the provisions of the law , have the rights and obligations provided for in articles 18, 19 and 20 of this Decree in time was State land, land rental.
Chapter IV the TERMS OF IMPLEMENTATION of Article 22. Effect 1. This replaced the Decree No. 02/CP on October 15, 01, 1994 by the Government on the allocation of land for forestry, household, personal use of stable, long-term forestry purposes.
2. This Decree shall take effect after fifteen days from the date of signing.
Article 23. Enforcement organization 1. The Minister of agriculture and rural development, Minister of finance, the General Director of the Bureau of the main Local guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of Government, directly under the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.