Regulations on management of agricultural production
10:21 | 26/01/2018

VGP - The Ministry of Natural Resources and Environment issued Circular No. 33/2017/TT-BTNMT (“Circular 33”) dated September 29, 2017 detailing Decree 01/2017/NĐ-CP dated 06/01/2017 (“Decree 01”), amending and supplementing the Circulars guiding the implementation of the Law on land.

Question: What are the regulations on determining who directly participates in agricultural production?

Answer: Circular 33 specifies the grounds for determining who directly participates in agricultural production.  

Pursuant to Circular 33, it is required to determine who directly participates in agricultural production prior to allocation of land to households and individuals; registration to receive transfer or gift of use rights for rice farming households or individuals; recognition of agricultural land use rights for households and individuals; recovery of agricultural land of households and individuals, which require determination on who will receive compensation and support.

Grounds for determining who directly participates in agricultural production are relatively similar for individuals and households, specifically:

- Currently un use agricultural land which is allocated, leased or has its use rights recognized by the State; which is received by conversion, transfer, inheritance, offer as gift of, or by capital contribution by land use rights; currently use agricultural land which is not yet recognized by the State; 

- Not fall into or have at least one member not falling into the subjects entitled to regular salary payment; the subjects who have retired, lost their working ability, or resigned with social allowances; 

- Have regular incomes from agricultural production on their land, including cases where there is not a regular income due to natural disasters, environmental catastrophes, fires or epidemics;

- In cases where agricultural land is allocated to individuals and households without collecting land use fees as prescribed in Article 54 of the Law on Land, or registration to receive transfer or offer as a gift of use rights of rice farming land of households, they may only rely on whether they are subjects entitled to regular salary payment or enjoy social allowances.

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