The provincial natural resources and environment department's document instructs as follows:

1. Households and individuals wishing to undertake agricultural land improvement, development, and rehabilitation submit their applications for land improvement to the People's Committees of wards, communes, and towns (referred to as the district-level People's Committees).

2. Upon receiving the applications from households and individuals, the district-level People's Committees lead and coordinate with the People's Committees of districts, towns, and cities (referred to as the district-level People's Committees) to inspect the proposed sites for agricultural land improvement.

Based on the inspection results, the district-level People's Committees prepare reports and proposals to submit to the district-level People's Committees for consideration of allowing households and individuals to undertake agricultural land improvement, development, and rehabilitation.

3. Upon receiving the reports and proposals from the district-level People's Committees regarding the consideration of allowing households and individuals to undertake agricultural land improvement, development, and rehabilitation, the district-level People's Committees provide unified or non-unified documents to the district-level People's Committees for the district-level People's Committees to handle the applications for agricultural land improvement, development, and rehabilitation from households and individuals.

In cases where the district-level People's Committees agree to allow households and individuals to undertake agricultural land improvement, development, and rehabilitation, they issue documents to permit households and individuals to undertake agricultural land improvement, development, and rehabilitation. They assign the district-level People's Committees to coordinate with the specialized departments of the district to inspect and supervise the agricultural land improvement, development, and rehabilitation of households and individuals, ensuring that the plots of land after improvement, development, and rehabilitation are used for their designated purposes according to approved planning and land use plans, without altering the natural terrain and surroundings, and ensuring safety and environmental protection during the land improvement process, without affecting the use of adjacent plots of land and related issues.

The determination of the time and area for land improvement by households and individuals must be appropriate to the actual conditions. During the land improvement process, the topsoil must be preserved for leveling, ensuring the effectiveness of land use after improvement.

4. The location for disposing of excess soil after agricultural land improvement must be approved by the local government to ensure environmental compliance. If the quality of the soil after improvement meets the conditions for use in filling purposes, then the investor/construction unit using state budget funds needing soil for filling should contact the district-level People's Committee and commune-level People's Committee to agree on the soil disposal location.

5. Units using surplus land after agricultural land improvement to serve projects must fulfill financial obligations as prescribed. Settlement for projects using surplus land during the land improvement process is carried out according to the guidelines of specialized departments, ensuring no loss to the state budget.

Mr. Chau asked if the provincial natural resources and environment agency's administrative documents (official letters) guiding the implementation of Article 9 of the Land Law 2013 are appropriate. Are the prescribed procedures for households and individuals undertaking agricultural land improvement, development, and rehabilitation considered new administrative procedures?

Is it appropriate under current mineral laws for investors/construction units to use surplus land (large quantities) from agricultural land improvement for fundamental construction projects (such as national highways)?

If a commune-level People's Committee approves a household or individual's request for agricultural land improvement, development, and rehabilitation, what financial obligations must the investor/construction unit fulfill towards the state?

The Ministry of Natural Resources and Environment responded as follows:

Article 9 of the Land Law 2013 does not include detailed provisions for the Government and local authorities to regulate and guide its implementation; therefore, according to the current legal regulations on issuing normative legal documents, the Government and local authorities do not issue detailed regulations and guidelines for implementing this Article.

However, the natural resources and environment sector (both at central and local levels) is responsible for state management of land; therefore, to fulfill this responsibility, the natural resources and environment sector needs to issue professional guidance and directives in accordance with legal provisions.

The agricultural land improvement must be permitted by competent authorities according to current legal regulations.

If the volume of surplus land resulting from agricultural land improvement is determined to be mineral resources used as common construction materials, the management and use of this surplus land must comply with current mineral laws.