Land Consolidation and Agricultural Intensification Regulations

Land Consolidation Implementation (Article 77)

Economic organizations and individuals implementing land consolidation shall mutually agree with land users on the following contents:

+ The method of consolidation prescribed in Article 192.1 of the Land Law for each land user and each land area;

+ The duration of land consolidation;

+ The ratio of land area that land users must contribute to build internal transportation and irrigation systems to ensure convenient agricultural production;

+ The plan to return land to land users after the end of land consolidation; the land return must ensure the stability of the consolidated agricultural land use plan;

+ The rights and obligations of land users participating in land consolidation for each method of consolidation;

+ Other agreements as prescribed by law.

Economic organizations and individuals implementing land consolidation must establish a land use plan with the following contents:

+ Determining the scope, scale, location, and boundaries of the land consolidation area;

+ Current land use status, including area, purpose, form, duration of land use, land management, and land users;

+ Identifying the method of agricultural production organization for the consolidated agricultural land area;

+ Proposing land use for state-managed land areas within the land consolidation area;

+ Anticipating the completion of internal transportation and irrigation systems, as well as field boundaries and plots; determining the area of land to be converted for transportation and irrigation purposes.

In case the duration of land use of a land lot is shorter than the duration of land use of the land use plan, the land user shall request the People’s Committee of the same level to adjust the duration of land use to match the duration of land use of the land use plan; for the case prescribed in Point a, Clause 1, Article 172 of the Land Law, the land user does not have to go through the procedure for adjusting the duration of land use.

The agency with the function of land management shall submit to the People’s Committee of the same level for approval and issuance of the Certificate of Land Use Rights based on the approved land use plan; grant the Certificate of Land Use Rights to the grantee; transfer 01 set of the dossier together with 01 copy of the granted Certificate of Land Use Rights to the Land Registration Office or Branch of the Land Registration Office to establish and update the land register and the database. land.

Implementation of Agricultural Land Accumulation (Article 78)

1. Economic organizations shall carry out the accumulation of agricultural land through the following methods:

a) Receiving the transfer of agricultural land use rights;

b) Receiving capital contribution in the form of agricultural land use rights;

c) Receiving the transfer of agricultural land use rights and receiving capital contribution in the form of agricultural land use rights.

2. Economic organizations implementing agricultural land accumulation through the methods prescribed in (a), (c) above must establish a plan for agricultural land use in accordance with Clause 6, Article 45 of the Land Law and send it to the People’s Committee of the district level.

Within 25 days from the date of receipt of the plan for agricultural land use of the economic organization, the district-level People’s Committee shall issue a written approval; in case of disapproval, a written reply must be given stating the reason.

3. After the plan for agricultural land use is approved, the economic organization shall proceed to agree with the land user to receive the transfer of agricultural land use rights or receive capital contribution in the form of agricultural land use rights; land registration shall be carried out in accordance with the Decree providing for the investigation of basic information about land; registration and granting of land use rights certificates, ownership rights of assets attached to land and the system of land information.

4. In case the organization receiving capital contribution in the form of agricultural land use rights is dissolved or goes bankrupt, the land use rights contributed as capital shall be handled in accordance with the law on dissolution or bankruptcy.