Subjects and conditions supported to stabilize life and production
Tue, 21 Feb 2023 10:24:00 | Print | Email Share:
Mr. Le Ngoc Quan (Quang Binh) asked, households and individuals subject to Point a, Clause 1, Article 19 of Decree No. 47/2014/ND-CP which are shown on the land use right certificate as " Mr. and Mrs.", or the individual "Mr. (Mrs.)", when the State recovers agricultural land, will the agricultural members of the family receive support to stabilize their lives?
The Ministry of Natural Resources and Environment responded to this issue as follows:
The question is a specific case, due to the lack of records, the general answer is as follows:
In Clause 1, Article 19 of the Government's Decree No. 47/2014/ND-CP stipulating the subjects who are supported to stabilize their life and production when the State recovers land (amended and supplemented in Clause 5 of Article 19). 4 Decree No. 01/2017/ND-CP) stipulating:
"1. Subjects are supported to stabilize their life and production, including the following cases:
a) Households and individuals are allocated agricultural land by the State when implementing decrees, including: Decree No. 64/CP of September 27, 1993 of the Government promulgating the Regulation on the allocation of agricultural land to households and individuals use it on a stable and long-term basis for agricultural production purposes; Decree No. 85/1999/ND-CP dated August 28, 1999 of the Government amending and supplementing a number of articles of the Regulation on the allocation of agricultural land to households and individuals for stable and long-term use for the agricultural production purpose and supplement the allocation of land for salt production to households and individuals for stable and long-term use; Decree No. 02/CP dated January 15, 1994 of the Government promulgating regulations on the allocation of forestry land to organizations, households and individuals for stable and long-term use for forestry purposes; Decree No. 163/1999/ND-CP dated November 16, 1999 of the Government on the allocation and lease of forestry land to organizations, households and individuals for stable and long-term use for forestry purposes; Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law and Clause 1, Article 54 of the Land Law;
b) Agricultural demographics in the household specified at Point a of this Clause but arise after the time of allocating agricultural land to that household;
c) Households and individuals eligible for agricultural land allocation as prescribed in Point a of this Clause are using agricultural land due to transfer, inheritance, donation or reclamation according to regulations. prescribed by law, certified by the People's Committee of the commune where the recovered land is located that they are directly producing on that agricultural land;
d) Households and individuals that are currently using land because they are contracted to use land for agriculture, forestry or aquaculture purposes (excluding land of special-use forests and protection forests) of state-owned agricultural and forestry enterprises who are officials and employees of state-owned agricultural or forestry farms who are working or have retired, losing their working capacity, severing work to enjoy allowances and are directly engaged in agricultural and forestry production;
đ) Households and individuals that are currently using land due to land allocation from state-owned agricultural and forestry enterprises or agricultural and forestry companies converted from state-owned agricultural and forestry farms that are directly engaged in agricultural production and have a stable source of income from agricultural production on that land;
e) Households and individuals that are currently using land due to land allocation contracts from agricultural production groups or agricultural cooperatives that are directly engaged in agricultural production and have a stable income from agricultural production over that land;
g) Economic organizations, households, production and business individuals, foreign-invested enterprises that stop production and business when the State recovers land shall be supported to stabilize production”.
In Clause 2, Article 19 of Decree No. 47/2014/ND-CP of the Government stipulating the conditions to receive support to stabilize life and production when the State recovers land (amended and supplemented in Clause 5 Article 4 of Decree No. 01/2017/ND-CP) stipulates:
"2. Conditions for receiving support to stabilize life and production must comply with the following regulations:
a) For households, individuals, economic organizations, and foreign-invested enterprises that are using land specified in Clause 1 of this Article that have been granted a certificate of land use right or are conditions for being granted a land use right certificate, ownership of houses and other land-attached assets in accordance with the law on land, except for the cases specified in Clause 2, Article 77 of the Land Law and Point b of this Clause;
b) For households and individuals that are currently using land because they are contracted to use land for agricultural, forestry and aquaculture purposes (excluding land for special-use forests and protection forests) specified in points d, đ and e Clause 1 of this Article must have land use contract.
It is recommended that Mr. Le Ngoc Quan should study the above legal provisions and contact the local natural resources and environment agency for specific instructions.
By: Translator: LeAnh-Bizic/According to Chinhphu.vn (Government Newspaper).
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