Circulars of some articles of Decree No. 135/2005/ND-CP on 08/11/2005 of the Government on the allocation of agricultural land, forest land production and land with water aquaculture in the State farm, state forestry _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 86/2003/ND-CP dated 18 July 2003 of the Government functions duties, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to Decree No. 135/2005/ND-CP dated 8 November 2005 by the Government on the allocation of agricultural land, forest land production and land with water aquaculture in the State farm, state forestry (hereinafter referred to as the Decree No. 135/2005/ND-CP);
The Ministry of agriculture and rural development, guide the implementation of a number of articles of Decree No. 135/2005/ND-CP of the Government as follows: part I GENERAL PROVISIONS i. assignment, object to receive securities 1. Stock: delivery side include: 1.1. State farm, the State forestry companies, agricultural companies, state forestry (referred to as State farm, state forestry) independent accounting or accounting dependency is State land, lease the land; delivery of production forest land, forest land production, rental or leasing land with water aquaculture;
1.2. forest management, forest management, special-purpose (collectively known as forest management) have produced forest land is the land of natural forest and plantation land;
1.3. Joint-stock companies in which the State holds shares dominated and limited liability company a Member State was transformed from the State School of agriculture, forestry; the Centre, the station, the direct farm produce have agricultural land use, forestry industry on the purpose of agriculture, forestry and aquaculture.
2. the party receiving stock includes: 2.1. Officers, employees, employees working for the delivery of securities;
2.2. Households have people who are working for the delivery of securities or the retired, lost labor holiday, enjoy the regime are legal residency area where land of stock delivery side;
2.3. Households have direct needs for agriculture, forestry, aquaculture are legal residency area where land of stock delivery side. When considering, settle for the households in this object, on the delivery of securities to resolve priority for households is fellow minorities, ethnic minority households in the poor area, difficult life there is demand and sufficient capacity to receive securities.
When the address for the receiving object of the stocks specified in point 2.2. and 2.3. stock delivery party should give priority to the subjects of legal residency in the following order:-objects are legally resident on the land, where the party's delivery of securities;
-Objects are legal residency in the district, home to the communication party land securities;
II. Forms of stock delivery includes: 1. The stocks stable crop cycles or business cycles.
2. Stock stage: securities of one or more stages according to the process of planting, tending, harvest for perennial.
3. Securities according to the service, or the stable stock as agreed between the two parties for the land with the water aquaculture.
III. Records, order and delivery procedures, get to the stock 1. Stock allocation records, received lands include: 1.1. The application received by the receiving party to land securities delivered written under model number 02/REGISTER attached to this circular.
1.2. Trading Securities, delivery by Land Securities delivery party prepared after the unified content right on the stock. In stock trading, receiving land must show clearly the rights and obligations of Party Affairs and the party receiving the delivery of securities as defined in article 3, 9, 10 of Decree No. 135/2005/ND-CP of share recipient case are officers, employees shall be entitled to wages from results produced through receive and must fulfill the rules of the salary , social insurance, health insurance, labor protection and recorded as production costs in trading securities, receive land.
Trading of the stocks follow the form prescribed in form No. 03/GOOD attached to this circular.
Contract form provisions these general issues. Based on the specific conditions of the securities were interface State party Affairs, land rental; Affairs, rent the forest production; Affairs, land rental has water aquaculture are making land according to Decree No. 12/CP, the parties may agree to specific content in the contract in accordance with the actual conditions. Before signing the contract, the two sides have the responsibility to determine the full value of the property on the land has delivered securities, securities contracts are adjusted, when additional production variant, the party's Business Affairs approved securities or the regime, the State's policy change.
1.3. Excerpts map (for which the main map by the Agency of natural resources and the environment provided or other map resources and environmental agencies for permission to use) measure the cadastral plots of land (or land), receiving stock deliveries made by the side of the stock. Sample excerpts map, cadastral land plots, measuring the land under model number 04a/ĐĐ, 04b/ĐĐ attached to this circular. These places do not have a map, then the two sides unify the boundaries shown by the specific milestones to determine land securities on field and draw the diagram stored in the stock records.

1.4. Report on the delivery of securities, securities on land, crops, livestock, forest types and the status property on the land (hereinafter the report on the delivery of securities, securities of the land) is a hand over at the local situation of the land, crops, livestock, forest types and the status property on the land between the party and the receiving party delivery securities. When handing over, the two parties together against the status quo with a map or excerpts a cadastral measurement excerpt. The event of discrepancies between the field and the documents, to modify the document in the current state when the deliveries and the two sides of the same sign. The correction data must be made on a copy of that document. In the profile are stored in both the original and the copies have corrections.
Report on the delivery of securities, securities of the land under model number 05/BB attached to this circular.
1.5. The papers, text, map, other documents related to the delivery of securities, accepted the land (if available) by the two sides of the same make. The case of the documents by a party to perform the verification of the other party. The case is a copy of the document must be made in accordance with the provisions of the law on copy a document.
2. Order and delivery procedures, get stock on land, crops, livestock, the current state of the forest type and property on the ground.
2.1 the delivery of land, crops, livestock, forest types and the status property on the land (hereinafter collectively referred to as delivery of securities) to the recipient of the stocks are made according to plans by the party establishment and the securities delivered on his direct management. The order stock allocation procedure as follows: a) on the delivery of securities stock plans for all the cases are assigned securities within the scope of the Organization; establishment of the Advisory Board include: securities delivered to the Director or the Deputy Director is the President of the Council, representatives of the party receiving the stocks to consider and recommend the case be delivered securities, securities;
b) based on the comments of the Advisory Council on Security Affairs, party leaders delivered the complete stock options delivered securities, listed the list of cases was delivered at Headquarters held his stock, at the headquarters level where land Township PEOPLE'S COMMITTEE (under model number 06/TB attached to this circular) and the receiving organization's comments on the stock; complete land projects as bases of the contract delivery deployment, receive stock;
2.2. The delivery of securities on land, crops, livestock, forest types, the status property on the land made under the provisions of the following: a) beneficiary securities applying for leadership of the Party Affairs of the stocks.
b) stock delivery Party is responsible for considering an application for delivery of securities, if the qualified beneficiary must notify the Securities and steer her to help agencies implement the abstract or extract of measure map (or for those where no map); set the minutes delivered securities, securities of the land; prepare trading securities, land and land preparation, property on field;
c) Organization Affairs, received the land and property on the ground at address, signed documents and contract Affairs, received the lease.
Time to take steps in this work do not exceed 30 (thirty) working days from the date of delivery of the stocks party received the text browser on the receiver to the stock options stock contract Affairs, received the lease.
3. Records Management Affairs, received a stock), received the land delivery records are numbered from 1 to the end of a party delivered securities.
Each party must set a stock delivery (01) the main book and one (01) the tracking variable Windows for his unit. The main address book templates, as volatility and how to write copy in the Windows as specified in circular No. 29/2004/TT-BTNMT on 01/11/2004 on the establishment of guidelines, modify, record management. When set up this system, rules of land use right certificates were replaced by trading stock, receive about the land.
b) where the receiving party lost stock stock stock, receive delivery profile or were torn off, smudge stain must notify the party delivered securities know in writing. In the text must clearly state the reason for lost or damaged, smudge stain. In time of no more than five (5) working days, the party returned the stock allocation records get certified stock for stock delivery side.
IV. Rights and obligations of the parties assigned the stock rights and obligations of parties allocated securities specified in article 9 of Decree No. 135/2005/ND-CP. Ministry of agriculture and rural development instructions to add some content to the following: 1. the party delivered securities must have specific rules for temporary camps on land to Shack jobs receive stock in the contract : construction area, altitude ..., ensure convenience for the dismantling, moving, when required; enhanced checks to handle cases in a timely manner.
 2. When there is a change of beneficiary securities prescribed in point e clause 2, article 10 of Decree No. 135/2005/ND-CP, on delivery of securities must be urgently reviewed, agreed to sign the agreement and return or compensation of assets invested on the ground for parties to receive securities.
 3. Strengthening checking, control the timely processing of the violation. When land uncovered unauthorized transfers, must proceed immediately to the measures and procedures prescribed to recover an area of land has been unauthorized transfer.
4. building and announced publicly on the stock approach, democracy before taking delivery of securities.
V. rights and obligations of parties to receive securities

Rights and obligations of the parties receiving the securities specified in article 10 of Decree No. 135/2005/ND-CP. Ministry of agriculture and rural development instructions to add some content to the following: 1. Be compensated, support under the provisions of the law when the State Agency has the authority to revoke the land got stock to use for defense purposes , security, national interests, public interests, economic development purposes in accordance with the law of the land.
2. Observance of the regulations of the stock delivery party about making temporary camp shack on the land to receive securities. If the violation had to scrap and bear all costs.
3. do not arbitrarily assign the contract delivery-receive securities of any kind without the written consent of the Party Affairs of the stocks. When it was discovered to have arbitrarily assign the contract needs to cancel the contract, return the land and compensation according to the extent of the damage to the delivery of securities.
Part II FOREST LAND ALLOCATION of PRODUCTION specific content of the delivery of the forest land production is carried out according to the provisions in chapter III of Decree No. 135/2005/ND-CP. Ministry of agriculture and rural development instructions to add some content to the following: 1. Logging and other forestry products: 1.1. For the production of natural forests, forest: Party Affairs construction stock options that made the forest before signing the contract with the receiving party securities. The construction approval, prepared the forest design, exploitation, forestry organizations, other forest products must follow the regulations on logging and other forest products (attached to decision No. 40/2005/QD-BNN on 07 July 2005 of the Minister of agriculture and rural development).
1.2. With respect to the production forest is planted: the exploitation of wood, other forest products must also comply with decision No. 40/2005/QD-BNN on 07 July 2005 of the Minister of agriculture and rural development regulation on logging and other forest products.
2. Where are the forest development projects under decision No. 661/QD-TTg dated 29 July 1998 by the Prime Minister on the project to plant five million ha of new forest (referred to as the 661 projects) then applies the policy of the 661 projects during implementation of trading lands forest produce. The places that have implemented the program, forestry projects shall be applied the program's policies, that project.
3. The rate of Division of the main forest products value when the corresponding extraction with capital, labor, each side has invested. The right to enjoy the benefits and obligations of securities to be made in accordance with 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, received the lease of land and forests and forestry circular 80/2003/TTLT/BNN-BTC dated 3 September 2003 of the Ministry of agriculture and rural development. and the Ministry of Finance shall guide the implementation of this decision.
4. About the use and consumption of wood products mined on land planted production forests (point b and point c, paragraph 2, article 15 of Decree No. 135/2005/ND-CP) is regulated as follows: 4.1. Payment for the securities delivered side by products under contract;
4.2. The rest of the stocks getting parties enjoy, but have to sell to the stock delivery according to the price agreed upon between the two parties at the moment of extraction; stock delivery party case doesn't buy the stock receiver are free to consume.
The time, method of exploitation of the forest as well as the Division, product sales exceeded the securities must be two sides unify in writing and follow the forest management regulations attached to decision No 186/2006/QD-TTg dated 14 August 2006 Prime Minister's Government.
Part III IMPLEMENTATION of the agricultural market, the management of forest, agricultural and forestry organizations are making delivery of securities according to Decree No. 12/CP must conduct the review of land use status, review all the trading lands, land securities has concluded as stipulated in Decree No. 12/CP and treated as follows : 1. for land made for the proper audience according to the provisions of this circular, then adjust the contents to fit the stock contract and signed the back of share trading in the proper spirit of land use Decree No. 135/2005/ND-CP on 08/11/2005 of the Government.
2. for land was for the party to receive securities under Decree No. 12/CP but is not subject to the provisions of Decree No. 135/2005/ND-CP resolves as follows: 2.1. Revocation of the entire land has been allocated stock for the following cases: a. the party receiving the securities does not make contract signed land use, wrong purposes;
b. land transfers wrong laws, not the party delivered securities agree;
2.2. The households is recovered ground under clause 2.1. be returned or compensation of assets invested in the land under the applicable stock options as specified in point e clause 2, article 10 of Decree No. 135/2005/ND-CP for the land returns to the household delivery of securities.
-Do not compensate the value of the grounds every year, but was considering supporting the works by the recipient of the free stock investing according to party planning delivery of securities (excluding temporary camp shack). The recovery of land, short on the grounds every year to be deployed as soon as the receiving party stock harvest product.

 -For perennial gardens, planted forests include: industrial crops, fruit trees, timber trees, tree leaves, forest tree is formed from investment capital of individuals, households receive the stocks recovered ground are compensated according to the existing value of the garden. 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 and circular No. 116/2004/TT-BTC on December 7, 2004 by the Ministry of Finance shall guide the implementation of this Decree. 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 the withdrawal, at the same time have a look at the actual investment value for orchards, planted to the time of withdrawal.
-Forest tree regeneration, forest tree growing from State budget funds (including from the capital of the forest development projects) to compensation equivalent to the level of product division due to the Ministry of finance, Ministry of agriculture and rural development regulation in circular No. 80/2003/TTLT/BNN-BTC on 03/10/2003 guidelines decision No. 178/2001/QD-TTg dated 12 November 2001 of the prime beneficiaries of rights, obligations of households and individuals, was delivered, was hired, get stock of the forest and forest land.
2.3. Continuing the delivery of lands in the remainder of the contract was signed for the households, individuals have gotten stock according to Decree No. 12/CP when it meets the following conditions: a. the individual households to receive securities directly involved in producing on land received the securities;
b. use land properly the purpose, implementation contract signed;
c. good standing the provisions of the local government where the receipt of land; voluntarily return the land in excess of the prescribed limit of lateral delivery of securities to ensure the average stock on the party's Affairs.
d. in the land where the local party's stock delivery, the audience received the stock as specified in paragraph 2, article 2 of Decree No. 135/2005/ND-CP took over the land or no need of getting stock delivered party land.
 Reviewing and handling of the contract signed and contract according to the new Decree No. 135/2005/ND-CP of the Government must be done before June 30, 2007.
This circular has the effect after 15 days from the date The quote in the implementation process, if any problems, it should promptly report in writing the Ministry of agriculture and rural development to coordinate with the ministries, the people's Committee of the relevant supply address./.