Instructions for implementing agricultural land concentration
Pursuant to Article 77 of Decree 102/2024/ND-CP, economic organizations and individuals implementing agricultural land concentration shall negotiate with land users on the following contents:
- Concentration method as prescribed in Clause 1, Article 192 of the Land Law 2024 for each land user and each land area;
- Time to implement agricultural land concentration;
- Proportion of land area that land users must contribute to building roads and in-field irrigation to ensure convenience for organizing agricultural production;
- Plan to return land to land users after completing the concentration of agricultural land; The return of land must ensure the stability of the concentrated agricultural land use plan;
- Rights and obligations of land users participating in agricultural land concentration for each concentration method;
- Other agreements as prescribed by law.
At the same time, economic organizations and individuals that concentrate agricultural land must prepare a land use plan that includes the following contents:
- Determine the scope, scale, location, and boundaries of agricultural land concentration areas;
- Current land use status includes: area, purpose, form, land use term, managers, land users;
- Determine methods of organizing agricultural production for concentrated agricultural land areas;
- Proposed land use for land areas managed by the State in concentrated agricultural land areas;
- Expected completion of the transportation system, infield irrigation, regional and plot shore systems; Determine the area of land converted to use for transportation and in-field irrigation purposes.
In case the land use term of the land plot is less than the land use term of the land use plan, the land user shall request the competent People's Committee to adjust the land use term to suit the land use term. land use term of the land use plan; For the case specified in Point a, Clause 1, Article 172 of the Land Law 2024, the land user does not have to carry out procedures to adjust the land use term.
The agency with land management function submits to the People's Committee at the same level to sign and issue the Certificate on the basis of the land use plan approved by the competent authority; award the Certificate to the grantee; Transfer 01 set of documents along with 01 copy of the issued Certificate to the Land Registration Office or Land Registration Office Branch to prepare and update cadastral records and land database.
Instructions for implementing agricultural land accumulation
According to Article 78 of Decree 102/2024/ND-CP, economic organizations carry out agricultural land accumulation through the following methods:
(i) Receive transfer of agricultural land use rights;
(ii) Receive capital contribution in the form of agricultural land use rights;
(iii) Receive transfer of agricultural land use rights and receive capital contribution in the form of agricultural land use rights.
Economic organizations that accumulate agricultural land through the methods specified in (i) and (iii) must prepare an agricultural land use plan according to the provisions of Clause 6, Article 45 of the Land Law 2024 and send it to the People's Committee. district people.
Within 25 days from the date of receiving the economic organization's agricultural land use plan, the district-level People's Committee shall issue written approval. In case of disapproval, it must respond in writing and clearly state reason.
After the agricultural land use plan is approved, the economic organization makes an agreement with the land user to receive transfer of agricultural land use rights or receive capital contribution in the form of agricultural land use rights; Land registration is carried out in accordance with the provisions of the Decree regulating basic land surveys; registration and issuance of certificates of land use rights, ownership of assets attached to land and land information system.
In case an organization that receives capital contributions in the form of agricultural land use rights dissolves or goes bankrupt, the contributed land use rights will be handled according to the provisions of law on dissolution and bankruptcy.
