The Ministry of Agriculture and Environment has just issued a document responding to the reflection of the Nghe An Provincial Department of Justice related to the land sector. This agency recommends the following content:
According to the provisions of Point d, Clause 4, Article 21 of Decree 151/2025/ND-CP dated June 12, 2025 of the Government, Articles 11, 12 and 13 of Decree No. 112/2024/ND-CP dated September 11, 2024 of the Government detailing rice-growing land will expire from the effective date of this Decree.
The process of implementing land allocation and lease of land for projects with land conversion for rice cultivation to non-agricultural land; according to the provisions of Article 10 of Decree No. 112/2024/ND-CP, in this case, the person to whom the state allocates land or leases land when constructing works on land converted from land for rice cultivation to non-agricultural land must have a plan to use the above-ground land approved by the competent authority on the dossier and appraisal process of the above-ground land plan as prescribed in Article 11 of Decree 112/2024/ND-CP.
Currently, Articles 11, 12, 13 of Decree 112/2024/ND-CP have expired; leading to no regulations for agencies determining the amount of protection for rice-growing land development payable and the time of payment, sanctions for cases where people allocated or leased land by the state are late in paying.
Regarding this reflection, the Ministry of Agriculture and Environment responded as follows: The Ministry of Agriculture and Environment proposes to remove it from the list and has the following comments:
Section I, Part III, Appendix I of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization and delegation in the land sector (corrected in Decision No. 2418/QD-BTNMT dated June 28, 2025 of the Ministry of Agriculture and Environment) stipulates the order and procedures for land allocation and land lease, permission to change land use purposes for cases of land allocation, land lease without auctioning land use rights and cases of land allocation and land lease through bidding to select investors to implement projects using land; land allocation and forest allocation;
Land lease and forest lease are regulated, including the integration of land users who are allocated land or leased land by the State for non-agricultural use from rice-growing land must pay a sum of money to the State to supplement the lost rice-growing land area or increase the efficiency of rice-growing land use (payment level prescribed in Clause 6, Section I);
Therefore, the agency that determines the amount to be paid is the specialized agency for agriculture and environment; the time of payment is at the same time as the time of payment of land use fees and land rents.
