The DECISION about the land policy of the farm production, to delivery for poor ethnic minority compatriots _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to Decree No. 185/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land;
According to the recommendation of the Minister of finance DECIDES: 1. To enact the policy of withdrawal land production of agriculture, forestry (even perennial gardens, planted forests) for delivery to ethnic minority households in poverty according to the decision No. 134/2004/QD-TTg dated 20 July 2004 by the Prime Minister on a number of manufacturing ground support policy , land, housing and running water for ethnic minority households poor, difficult lives.
Article 2. Revocation of land production, perennial gardens, plantations of the agriculture, forestry and the school is only done after having done reviewing the current state of land use and land use planning adjustment of the agriculture, forestry and the school is the competent State agencies approved by decision No. 264/2003/QD-TTg dated 16 December 2003 by the Prime Minister on a number of solutions management, land use in the agricultural, forestry and State schools.
Article 3 provincial people's Committee., central cities (hereafter referred to collectively as the provincial people's Committee) decided to revoke the production of farm land, given to the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) for delivery to ethnic minority households were poor. The compensation land and property are as follows: 1. On the land: a Land of farm production), was given the land before 1 January 1999; When recovered, was not compensated;
b) Ground production of agriculture, forestry and land rent or be turned to the State for land rent after January 1, 1999, have paid land rental for many years or pay land rental for both land rental term, when the State revoke the compensation costs of investment in land (including the remaining : prepaid land lease, the cost of leveling and some other costs directly involved have proven base has invested in the land to the State to revoke the land haven't recovered).
Land rents paid for the period the land left to be determined from time to time have paid land rent left multiplied by the unit price of land soil types are used (production land) at the time of withdrawal land by the provincial people's Committee issued under the regulations of the Government with land lease.
2. About the perennial gardens, plantations on land recovered.
a) perennial gardens, farm plantations, forestry include: industrial crops, fruit trees, timber trees, tree leaves, forest tree is formed from capital or from investment capital of households, individuals receive securities of farming, forestry, then when the State revoked the land be compensated according to the existing value of the grounds; This value does not include the value of land use. Value of perennial gardens, planted forests are determined according to the provisions of Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land;
b) perennial gardens, the planting of forests, forestry and farm fields are formed from the other funds not subject to the provisions in point a of this paragraph when the State revoked shall not be compensated;
c) regenerating forest Trees, forest tree growing from State budget funds (including from your capital investment projects of forest development) which has forestry, farm for household, personal cultivation, farming, protection, regeneration of the forest, when the State revoke the compensation of forest tree planted on the ground. Compensation equivalent to the level of product division due to the Ministry of finance, Ministry of agriculture and rural development as defined in decision No 178/2001/QD-TTg dated 12 November 2001 from the Prime Minister's rights and benefits, the obligations of households and individuals, was delivered, was hired, get stock of the forest and forest land.
3. About the House, other buildings attached to land: a) the House, other buildings and other properties tied to the land by farming, forestry and investment fields, the building served directly for the production of the plots (plots) of land is recovered; that the investment this property is formed from the capital or investment capital to households, individuals receive securities of the agriculture, forestry; When the State revoked the land be compensated according to the provisions of Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land;
b), other construction works ... attached to land investment from the other funds not subject to the provisions in point a of this paragraph when the State revoked shall not be compensated.
4. capital to compensation as specified in article 3 of this decision include: 1. the central budget funding guarantees to pay compensation to the average 5 million/ha (five million).
2. the people's Committee of the central cities, decided to revoke the land of farm forestry, delivered to ethnic minority households in poverty must ensure equal funding part of the local budget resources not lower than 20% of the capital of the central budget.
3. other legal capital prescribed in clause 2 article 5 decision No 134/2004/QD-TTg dated 20 July 2004 by the Prime Minister on a number of policies in support of land production, housing, land and water activities for minority households poor, tough life.
5. The assessment value garden plants, forest planting to delivery.
1. Establishment of the Council re-evaluate the value perennial gardens, plantations, property value is defined, the others (if any). Members of the Council include: head of finance is the Chairman of the Board, the membership is representative of the Department of natural resources and the environment, representing the Department of agriculture and rural development and the other members by the Chairman of the provincial people's Committee decided to suit local realities.
The provincial people's Committee was allowed to hire the State's institutions function property valuation to reassess the value of garden tree, planted forests, determine the value of the property is a House, other buildings (if any).
2. Pursuant to reassess the value of the grounds, planting forests is the reality of the grounds, the forests planted by the selling price of a garden, planted in the local market at the time of delivery, at the same time have a look at the actual investment value for orchards, planted to the time of delivery.
Article 6. Households poor minorities are allocated the land recovered from the source production from the farm, by the President of the people's Committee of the district level decision as proposed by the President of the people's Committee of social and have a consultation of national district level , the relevant authorities of the district.
Article 7.-ground production console, gardens, plantations for ethnic minority households were poor.
1. The delivery is made directly between farming, forestry has recovered lands with people's committees at district level and ethnic minority households were poor.
2. production Land, orchards, planted forests are not from investment capital of organizations, households, individuals, or capital of households, individuals receive securities (including reclaiming funds, investing in land, planting, tending gardens, forests), the delivery in accordance with the decision of the authorized State agencies.

3. production Land, orchards, forest planting was invested from capital of organizations, households, individuals or investment from the capital of households, individuals receive the stocks then recovered ground to make compensation according to the provisions of article 3, article 5 of this decision; at the same time make the transfer of land, orchards, plantations for ethnic minority households in poverty according to the decision of the people's committees at district level.
4. content delivered thereon the land production include: a) the Party Affairs, and representatives of the authorities of local functions;
b) location, location, area, types of soil, land-use term (excerpts);
c) current state of orchards, planted forests;
d) Total asset value, gardens, plantations delivered to households, out of which:-the value of garden tree, planted by price reviews;
-The value of the property is a House, other buildings attached to the land.
DD) other relevant information.
Article 8. Recorded an increase, rising property are as follows: 1. Agriculture, forestry has been production ground state made the record decrease in assets: buildings, other construction (if any) ... perennial gardens, forest planting has been handed by the decision to revoke the land and capital reduction of record State budget according to the value on the books and accounting records.
2. local budget the payment of compensation for land lease prepayment for land leasing period of rest; compensation works, temporary House, perennial gardens, plantations are capital investment or investment from the capital of households, individuals receive the securities specified in clause 3 article 7 of this decision.
Article 9. Rights and obligations of households poor minorities are allocated the land recovered by the production of agriculture, forestry school.
1. About the benefits: a) on the ground of production: has the right to use land and other benefits as prescribed by the law of the land;
b) About a garden, planted forests: is managed care and benefit from the garden tree, planted forests.
2. Duties: a) on the ground of production: land use according to the intended use when delivered or allow the transfer of the land use purpose along with the shift of crops, livestock according to planning is the competent State agencies;
b the executive regulations) State on land use management, the financial obligations of the land and the laws on the protection of forests and forestry.
3. do not convert, transfer the garden tree, planted by the State delivered within a period of 10 years from the date of delivery of the land. Cases no longer needs to continue using the land produce, orchards, forest planted by the State Affairs of the State and not be compensated.
10. The responsibility of the State authorities.
1. The Ministry of finance, in collaboration with the Ministry of natural resources and environment, Ministry of agriculture and rural development: a) General report of provincial people's committees on the situation, the results of the implementation of this decision;
b) instructions, check the implementation of the agriculture, forestry and local school;
c) in collaboration with the Ministry of planning and investment to layout, combined with the funding source for the program, aiming to ensure sufficient funding to implement this decision.
2. The Chairman of the provincial people's Committee to base your results current status land use and land use planning adjustment of the agriculture, forestry; sort results, innovation and development in State farm as stipulated in Decree No. 170/2004/ND-CP of September 22, 2004 by the Government on the arrangement, the renovation and development of farm business and decision No 264/2003/QD-TTg dated 16 December 2003 by the Prime Minister on some of the management solutions , land use in the agriculture, forestry, urban planning, land-use plans of localities were competent State agencies approved to: a) the decision to revoke the land of farm production, forestry school;
b) established the Council of property valuation or delivered to the unit, the Agency has the function determines the value of the property to the value of the property when the land of production agriculture, forestry;
c) receiving, management and use of resources by the central budget arranged in clause 1 article 4 this decision to make;
d) six months reporting the implementation of withdrawal land for the production of agriculture, forestry, delivered to ethnic minority households in poverty send Prime, peoples Committee, Ministry of finance and the Ministry of agriculture and rural development.
3. The Ministry of agriculture and rural development, Ministry of natural resources and the environment based on function, his mission to guide the local relevant organizations, the implementation of this decision.
Article 11. Enforceable.
This decision takes effect 15 days from the date The report.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this decision.