Resolving land disputes in agricultural and forestry companies

Resolving land disputes in agricultural and forestry companies Rubber latex exploitation. (Source: VNA)

The Government Office issued Notice No. 215/TB-VPCP conveying the concluding opinion of Deputy Prime Minister Le Minh Khai at the Conference of the Steering Committee for Enterprise Innovation and Development on promoting the work of arrangement, innovation and development, and improving the operational efficiency of agricultural and forestry companies.

Progress in restructuring and innovating agricultural and forestry companies is still slow.

The announcement stated that in recent times, the implementation of Resolution No. 30-NQ/TW dated March 14, 2014 and Conclusion No. 82/KL-TW dated July 29, 2020 of the Politburo has achieved important results.

After the reorganization and renovation, there have been a number of corporations and general companies such as Vietnam Rubber Industry Group, Vietnam Forestry Corporation... operating effectively, creating jobs for workers and ethnic minorities in border areas, remote areas, contributing to socio-political stability and developing agriculture , farmers and rural areas according to the goals set out in Resolution No. 30-NQ/TW.

In addition to the achieved results, there are still many shortcomings and limitations, in which the progress of arrangement and innovation is still slow, there are many obstacles, up to now there are still 95 companies that have not completed arrangement and innovation (accounting for 37%) in 24 provinces and centrally-run cities and 2 General Corporations; there are still a number of agricultural and forestry companies after arrangement and innovation, operating ineffectively, not achieving the initial goals, and must continue to be rearranged.

The above-mentioned shortcomings and limitations stem from both objective and subjective causes. The awareness of some party committees is still inadequate, the role of leaders has not been promoted; the coordination mechanism between levels, sectors and localities is not effective; some mechanisms and policies are not synchronous, effective, and are slow to be revised and supplemented. The issue of land management is historical and complicated; the capacity and level of enterprise and company management in some companies and enterprises are still limited, not meeting the requirements...

The requirement in the coming time is to be determined to complete the task of rearranging and innovating agricultural and forestry companies in the spirit of Resolution No. 30-NQ/TW, Conclusion No. 82-KL/TW of the Politburo, Resolution No. 109/2023/QH15 of the National Assembly; clearly identify difficulties and obstacles to promptly have appropriate and effective handling measures, especially difficulties in institutions, mechanisms, policies; in coordination work; in implementation organization...

In the arrangement and innovation of agricultural and forestry companies, the level at which the difficulty is encountered must be responsible; not doing it for them, not shirking responsibility, in which the role and responsibility of the People's Committees of provinces and centrally-run cities (which are both the representative agencies of the owners and implement state management of land at the local level) must be especially emphasized.

The Deputy Prime Minister requested ministries, branches and localities, based on their assigned functions, tasks and powers, to closely follow the viewpoints, goals and directions in the Politburo's Conclusion, the Prime Minister's direction in Official Dispatch No. 41/TTg-QHDP dated January 10, 2024 and Directive No. 07/CT-TTg dated February 22, 2024, to promptly complete the issuance of the tasks assigned in Decision No. 984/QD-TTg dated June 23, 2021.

Reviewing the work of arranging and innovating the operations of agricultural and forestry companies

The Ministry of Agriculture and Rural Development shall preside over and coordinate with the Government Office and relevant ministries and agencies to promptly submit to the Prime Minister in May 2024 to issue a Directive assigning tasks to ministries, agencies, localities and enterprises to promote the review of the work of arrangement, innovation and development, and improve the operational efficiency of agricultural and forestry companies according to the conclusions of the Politburo in Resolution No. 30-NQ/TW, Conclusion No. 82-KL/TW and the tasks assigned by the National Assembly in Resolution No. 109/2023/QH15 dated November 29, 2023 (in the spirit of fully absorbing the opinions at the Conference and written reports of the representative agencies of owners and enterprises).

The Ministry of Agriculture and Rural Development shall inspect and urge localities to ensure that before June 30, 2024, localities complete the submission of the overall plan to the Prime Minister for approval (for localities that have not yet approved the overall plan); before September 30, 2024, localities shall re-complete and submit the overall plan to the Prime Minister for approval (for localities with enterprises that have been and are implementing the arrangement and innovation according to the approved plan but need to adjust the arrangement and approval plan to comply with Decree No. 04/2024/ND-CP).

At the same time, the Ministry of Agriculture and Rural Development shall preside over and coordinate with the Government Office and relevant ministries and agencies to appraise and submit to the Prime Minister the arrangement plan, adjustment plan, and continued arrangement plan according to the proposals of localities, ensuring the completion of the tasks assigned by the National Assembly in 2024 in Resolution No. 109/2023/QH15.

Urgently synthesize information and data as required by the Ministry of Finance to serve the assessment and development of financial mechanisms to support the dissolution of insolvent agricultural and forestry companies and supplement charter capital for agricultural and forestry companies, and send them to the Ministry of Finance before May 15, 2024.

Perfecting the mechanism and regulations on determining enterprise value in equitization implementation

The Ministry of Finance shall preside over and coordinate with the Ministry of Agriculture and Rural Development, ministries, branches, localities and relevant agencies to promptly submit to competent authorities for consideration and decision on a mechanism to support agricultural and forestry companies that are dissolved and insolvent; supplement charter capital for agricultural and forestry companies that are 100% state-owned single-member limited liability companies according to Conclusion No. 82-KL/TW and regulations in Clause 7, Article 1 of Decree No. 04/2024/ND-CP.

The Ministry of Finance shall study, amend, supplement or replace the guiding documents of Decree 118/2014/ND-CP in the field of state management of the Ministry, ensuring timeliness, conformity and consistency with the provisions of Decree No. 04/2024/ND-CP; study and propose financial handling when transferring enterprises with the owner's representative (merger, consolidation). In cases beyond the Government's authority, it is necessary to review and promptly propose to include the content of amending Law No. 69/2014/QH13.

At the same time, review, propose amendments and supplements to perfect the mechanisms and regulations on determining enterprise value in the implementation of equitization, divestment, and conversion of single-member limited liability companies into limited liability companies with two or more members, fully reflecting the capital and assets of the enterprise, avoiding loss of state assets, ensuring the legitimate rights of investors and people (especially in the conditions where agricultural and forestry companies manage and use large areas of land, different land use purposes, leased land, long-term land allocation...).

Research, develop and establish a Carbon Credit Trading Platform and issue a financial mechanism for the operation of the carbon market (according to the assigned tasks in Clause 1, Article 21 of Decree No. 06/2022/ND-CP of the Government).

The State Bank of Vietnam studies and directs the implementation of lending activities for concentrated forestation and industrial tree planting projects in accordance with the long-term crop business cycle according to the Politburo's policy in Conclusion No. 82-KL/TW and in accordance with new trends, green transformation, environmental protection...

Handling land issues

The Ministry of Natural Resources and Environment shall accelerate the implementation of related tasks within the functions and duties of the Ministry; direct, guide and urge the completion of the review, measurement, marking, issuance of land use right certificates, and the final settlement of disputes, encroachment, and improper use of land; summarize and handle land-related problems arising in the work of rearranging and renovating agricultural and forestry companies that have been previously reported by localities and agricultural and forestry companies and reflected at the Conference; in cases beyond the authority, propose to report to the Prime Minister.

The Ministry of Industry and Trade and the State Capital Management Committee at Enterprises urgently complete the approval of the restructuring plan of Vietnam Paper Corporation and Vietnam Coffee Corporation according to regulations and submit to competent authorities the arrangement plan for Vietnam Coffee Corporation, as a basis for implementing the arrangement and innovation of agricultural and forestry companies under these two corporations.

People's Committees of provinces and centrally run cities complete the approval of the overall arrangement plan, including the approval of land use plans of local agricultural and forestry companies and of ministries and central agencies in the area.

The People's Committees of provinces and cities shall receive and develop plans for the use of land areas handed over by agricultural and forestry companies to local management after reorganization and renovation; and thoroughly handle disputes and land encroachment at agricultural and forestry companies.

Localities develop or adjust the arrangement plan and send it to the Ministry of Agriculture and Rural Development for appraisal and submission to the Prime Minister for approval before June 2024./.

According to VNA

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