The DECISION by the PRIME MINISTER on a number of management solutions, land use in the agricultural, forestry and State PRIME school pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of the land on July 14, 1993; Law on amendments and supplements to some articles of the law of the land on 02 December 1998; Law on amendments and supplements to some articles of the law of the land on June 29, 2001;
Pursuant resolution No. 28/NQ-TW on 16 June 2003 of the Politburo; According to the recommendation of the Minister of natural resources and the environment, decision: article 1. Perform a number of management solutions, land use for agriculture and forestry State schools under this decision in order to: 1. Rearranging the land consistent with the direction, the task of arranging the innovation and development of agricultural, forestry and State schools; tight management of land and improve the efficiency of land use; create conditions for the agricultural, forestry and State school completing assigned tasks; done right the function, its role with regard to socio-economic development and local development sectors; contribute to promote industrialization, agricultural modernization and rural;
2. Continue the renovation of management in the agricultural, forestry and State schools; clearly define the tasks of production, business and public duty be reduced strictly protected and protective forest watershed development, special-purpose forests.
3. Continue investing, developing agriculture, forestry schools in the remote areas, border regions, the defense strategy, the socio-economic conditions are especially difficult to do kernel for socio-economic development and ensuring defense, local security.
Article 2. Reviewing the current state of use of land and the construction or modification of land use planning of the agricultural, forestry and State schools under the following rules: 1. the people's committees, the central cities, ministries, State Corporation directs reviewing the current state of use of land and the construction or modification of land use planning of agricultural in forestry, ministries, corporations and local management.
The agricultural, forestry and the University has the responsibility to conduct the review of land fund is managed utilizing and building or land use planning adjustments of the agricultural market to the provincial people's Committee, the city approved centrally.
2. Regarding the status of your land of agricultural, forestry management, using the underway.
a. must be based on the decisions, lease land, certificates of land use right of competent State agencies and the results of the management of land use, agriculture and forestry, according to decision No. 708/QD-TTg dated 11 June 2001 of the Prime Minister;
b. your results must be clearly shown on the maps or topographical maps (rate from 1/5,000-1/25,000) and land fund statistics of agricultural, forestry management, using the underway include:-the total area of the land is agricultural, forestry and Water Affairs, House for rental use; Agricultural land market of self organization of production;
-Land have for household, personal use;
-An area of the garden was sold to institutions, households and individuals according to Decree No. 12/CP dated 8 March 1993 from the Government;
-Land venture, links with other economic components;
-Land area are for organizations, families and individuals rent, borrowing used to manufacture, business;
-Land area has soil in layout, neighborhoods for household staff, employees of agricultural, forestry is working or retired, the follow mode;
-Land agricultural University has transfer;
-Land of the agricultural school was informally, there are disputes.
3. On the construction or modification of land use planning of agricultural, forestry school.
a. Is based on the orientation of agricultural, forestry's mission is defined in the project of sorts, innovation and development in agriculture, forestry, industry, local schools have been approved by the Prime Minister; consistent with the planning, economic development, social planning, agricultural development plan, the local forestry; review the results of the agricultural, forestry and land management, using the underway;
b. the content of the land use planning of agricultural, forestry must clearly define an area of each kind of agricultural, forestry school was retained for use; area allocated for each intended use accordance with assigned tasks; measures for the protection, improvement and land use, environmental protection.
4. for land of agricultural, forestry school was informally, there is a dispute, the provincial people's Committee, the city of centrally directed solving for each particular case in accordance with the law.
Article 3. Execution ground, land rental and certification of land use for agriculture and forestry, according to the following rules: 1. the people's Committee of the central cities, based on the results of the arrangement, the renovation and development of the agricultural, forestry and local branches; land use planning of agricultural, forestry and the approved school to decide the allocation of the land leased for agricultural, forestry school;
The agricultural, forestry and established school in the place needed to be approved by the authority shall be State land, land rental as specified in paragraph 2 of this Article and have to do procedures, leasing land according to the current rules of the law of the land.
2. Form of land leased for agricultural, forestry and State schools include: a. the State land does not collect money for land use: forest management, agriculture, forestry, special-purpose forest school activities according to the type of public utility enterprises, earning career; do the same production services, build the application model and to transfer technical advances for farmers in the region; Agriculture, forestry school made the task of economic development, national defense and social security, in remote areas, border regions, the Department of defense strategy has social-economic conditions particularly difficult; land used for public purposes in the agricultural, forestry school;
b. State land or land rental charge used the land for land of the agricultural, forestry, used in the production and trading purposes.
3. The handing over of land in addition to fieldwork must clearly define the boundaries and landmark piling of agricultural, forestry and land use; set the minutes hand over land in the field.
4. the people's Committee of the central cities, the Organization made the measurement, set the record (including maps) and certificate of land use for agriculture and forestry, the State land, land rental, done in 2005.
5. Land of agricultural, forestry and State schools or to hire managers and used effectively.
a. for special use forest land area, forest protective watershed (including plantations and natural forest) Management Committee to urgently implement the delivery of securities to care, protection and development;
b. land agricultural, forestry school was venture, associated with the other economic sectors after the reorganization is still located within the boundaries of the agriculture, forestry, the school continued to venture, link song must perform procedures prescribed by law;
c. with regard to agricultural and forestry land are for households, individual employees according to Decree No. 12/CP dated April 7, 1995 by the Government that made the right contract, land use right, the purpose of land users are continuing to receive securities with agricultural, forestry schools under contracts signed and must adjust Supplement for compliance with responsible land management of agricultural, forestry school.

Article 4. The solution handles the Land Fund not included in land use planning of agricultural, forestry and after school have been rearranged, including: 1. for agricultural and forestry land not in use, improper use, purpose of use is not effective; an area of leased land, has the assignment, have loaned; land sold the grounds; land of the agricultural market is dissolved; the land area is adjusted by the downsizing of missions that have been authorized, the Review Committee that the people of the province, central cities decided to withdraw to the management, use, according to the planning, land use plans of the local.
The University has agricultural, forestry and land being recovered must hand over full records of land fund recovered for the people's Committee of the central cities, where there is land.
2. the people's committees of the province, central cities must plan to give ground had recovered to use, not to be abandoned and the Steering Committee of the Organization people competent execution of land, land for lease under the provisions of the following: a. the favor the allocation of land for stable use on agricultural production purposes , forestry, aquaculture products for households and individuals, was the staff member no longer work in the agricultural field due to the implementation of the arrangement, the renovation and development of agriculture, state forestry and fellow ethnic minorities, farmers are living locally does not have or lack of agricultural production land , forestry, aquaculture;
The case of households, individuals have lived largely does not rely on income from agriculture, forestry, aquaculture, if there is demand, is considering leasing the land to production;
The case of economic organization that needs shall be considered delivered the land charge to use land or rent land for use in manufacturing and trading purposes.
b. the level of land allocated to households, individuals used in the the purpose of agricultural production, forestry, aquaculture must be consistent with the level of the land allocated to households in local farmers.
3. for agricultural and forestry land were for households and individuals, is agriculture, forestry workers and local farmers, if there is no dispute and consistent with land use planning of local (to be the people's Committee of the communes, wards and towns confirmed) then people are using ground-level people's committees are competent land or rent land to continue to use under the provisions of the law of the land;
The case of the land got more stock than the level of the land given to the local farmers then the land beyond the level of the land allocated to switch to land rent.
4. for agricultural and forestry land has for the Organization, households, individuals, if the rental is used in the the purpose of agriculture, forestry, aquaculture consistent with land use planning of local institutions, households and individuals, it is the people's Committee of the Authority continues to use land for lease under the provisions of the law of the land; the time limit shall be calculated from the day the land uses of agriculture, forestry, the land market.
5. for agricultural and forestry land were joint ventures, associated with the other economic sectors, the people's Committee to implement the authorized the delivery of the land charge or lease land for economic sectors were joint ventures, associated with agriculture, forestry school; the time limit for use of the land is determined by the joint venture agreement signed with links, agriculture, forestry school.
6. Institutions, households and individuals have bought the grounds of agricultural, forestry school to continue to develop the production according to the provisions of Decree No. 12/CP dated 8 March 1993 from the Government, if no dispute and consistent with land use planning of the people's Committee of local authority procedures for the Organization household, personal, rent of land; the term land use is calculated from the date of purchase of the grounds.
7. organizations, households, individuals used the land as defined in this article are granted land use right certificate after completing the procedures of land rents and make financial obligations as stipulated by law.
Article 5. For the land, agriculture, forestry school was arranged for households, individuals are employees of agricultural, forestry is working or retired, the holiday according to the mode to do housing (including garden, enclosed ponds), the agricultural market must hand over to local management or planning into the settlement process of the provincial people's Committee the central cities, where there is the approval to carry out land reassigned according to the planning and delivery for local management.
Prohibit the agricultural, forestry and Land Fund are delivered, taking school was hired to do land arrangement in for officers, employees of the agricultural market.
The people's Committee of the authority receiving funds in the land (including the garden, enclosed ponds) and the recognition of the extent of land under the provisions of the law of the land; for case officers, employees of the agricultural market not yet allocated the land in which there is a demand for land in the then people's Committee is competent to consider land in charge of land use planning consistent with local land use and land levels in accordance with local regulations.
Article 6. The Ministry of Finance shall guide the allocation, use the funds to implement the review status of land use and construction or modification of land use planning of agricultural, forestry and State schools and the delivery of land, land rental, record-setting measurements (including maps), the certification of land use under this decision.
Article 7. Ministry of natural resources and the environment Guide, directing, inspecting the implementation of this decision in each locality and is completed in 2005.
Article 8. This decision takes effect 15 days from the date The report.
Article 9. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this decision.