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Until Law on Land 2003 amended no procedures to be required

Update: 14-11-2013 | 00:00:00
Disclosing to Binh Duong Newspaper, Mr. Pham Xuan Ngoc, Director of Land Division of Department of Natural Resources and Environment informed that families and individuals in direct agricultural and aqua-cultural production would be allowed to use their land without following any procedures until the amended Law on Land 2003 should come into force.Reporter: Please disclose to us in more details regarding this matter?Mr. Pham Xuan Ngoc: The continuing use of the land is stipulated by Clause 1 of Article 67 of Law on Land 2003 and Clause 1 of Article 34 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on implementing Law on Land, then, upon expiration of land-use right, families and individuals of direct agricultural, forestry, and aquacultural production are allowed to continue with the use of land within the term stipulated by Clause 1 of Article 67 of Law on Land, exclusive of the situations that the State decides to retrieve the land under regulations of Clauses 1, 4, 7, 8, and 11 of Article 38 of Law on Land.However, on June 21, 2013, the 8th tenure National Assembly issued Resolution No. 49/2013/QH13 stipulating on extension of land-use right for land used for perennial trees and aqua-cultivation of families and individuals. Accordingly, if the State does on readjust the land used for aqua-cultivation and salting as assigned to families and individuals under Land on Law No. 13/2003/QH11, then, they are allowed to continue with the use until the amended Law on Land comes into force, by then, the land-use term shall be governed by the amended law.Reporter: How can families and individuals extend their use, sir?Mr. Pham Xuan Ngoc: Under Article 3 of Decree No. 126/2013/ND-CP dated October 15, 2013 of the Government guiding implementation of Resolution No. 49/2013/QH13 dated June 21, 2013 of the 8th tenure National Assembly, such extension is governed by Law on Land 2003. The procedures of transferring, transforming, lending, borrowing, inheriting, gifting, mortgage, and equity are under current laws.Meantime, under Document No. 4167/BTNMT-TCQLDD dated October 18, 2013, Ministry of Natural Resources and Environment has decided to requiring local People’s Committee to implement the procedures under Resolution No. 49/2013/QH13 of the National Assembly and Decree No. 126/2013/ND-CP of the government while broadcasting to the public for their knowing and worry-free production as their land-use right expires while they are maintaining production in agriculture, forestry, and aqua-cultivation. We are pending for the amendments. Until then, they are not required to do anything or follow any procedures.Their expiry of land-use shall be certified on Page 4 of their Land-use Certificates at Office of Land-use Right Certification. Thus, they are require to contact the office on their expiry of land-use right.Besides, Document No. 2990/UBND-KTN dated October 8, 2013 of Binh Duong Provincial People’s Committee demanded localities to strictly follow Resolution No. 49/2013/QH13 without hindering or limiting land-use right of the people to avoid bad prestige.Reporter: Thank you!Interviewed by M.H. – Translated by Vi Bao
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