Nghị định 126/2013/ND-CP

DECREE

GUIDING THE IMPLEMENTATION OF NATIONAL ASSEMBLY’S RESOLUTION NO. 49/2013/QH13 OF JUNE 21, 2013, ON EXTENSION OF THE DURATION OF USE OF LAND FOR CULTIVATION OF ANNUAL DROPS, AQUACULTURE OR SALT MAKING OF HOUSEHOLDS AND INDIVIDUALS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Land Law dated November 26, 2003;

Pursuant to the Resolution No. 49/2013/QH13 dated June 21, 2013 of the National Assembly, on extension of the duration of use of land for cultivation of annual crops, aquaculture or salt making of households and individuals;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree guiding the implementation of the Resolution No. 49/2013/QH13 of June 21, 2013 of the National Assembly, on extension of the duration of use of land for cultivation of annual crops, aquaculture or salt making of households and individuals,

Article 1. Scope of regulation and subjects of application

1. This Decree provides the implementation of the National Assembly’s Resolution No. 49/2013/QH13 dated June 21, 2013, on extension of the duration of use of land for cultivation of annual crops, aquaculture or salt making of households and individuals.

2. This Decree applies to the following subjects:

a) Agencies executing the state management function of land and agencies, organizations and individuals related to the state management over land;

b) Households, individuals directly involved in cultivation of agriculture, aquaculture and salt making and other organizations, individuals related to the use of land

Article 2. Cases permitted to extend the duration of use of land

1. Households, individuals using land which has been assigned by the State for cultivation of annual crops, aquaculture, salt making in accordance with the Government’s Decree No. 64/CP of September 27, 1993 on promulgation of Regulation on the assignment of agricultural land to households, individuals for long-term use in agricultural production; The Government's Decree No.85/1999/ND-CP dated August 28, 1999 amending, supplementing some articles of the Regulation on the assignment of agricultural land to households, individuals for long-term use in agricultural production and addition of assigning land for salt making to households and individuals for long-term use; Decree No. 181/2004/ND-CP dated October 29, 2004 on implementation of the Land Law.

2. Households, individuals assigned agricultural land as prescribed in Clause 1 of this Article and using land with land-use-rights admitted for cultivation of annual crops, aquaculture or salt making within the limits of assignment of agricultural land; land with the land-use-rights transferred, presented or donated within the limits of reception of transfer of the agricultural land-use-rights of households or individuals; land with the land-use-rights inherited as prescribed by laws.

Article 3. The implementation of legitimate rights of households, individuals that are extended the duration of use of land

1. Households, individuals using land extended the duration of use of land for cultivation of annual crops, aquaculture or salt making as prescribed in this Decree shall be entitled to all legitimate rights as provided for by the 2003 Land Law.

2. Orders, procedures for implementing the rights of exchange, transfer, lease, inheritance, donation of land-use-rights or mortgage, capital contribution with land-use-rights in accordance with the prevailing land laws.

Article 4. Effect

1. This Decree takes effect on October 15, 2013.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees shall be responsible for implementation of this Decree./.