Do not turn public land into private land in transferring tea gardens in Lam Dong

Recently, the Provincial People’s Committee Lam Dong invited departments, branches, leaders of People’s Committees of Bao Lam, Di Linh districts and Bao Loc city and Lam Dong Tea Joint Stock Company; Ngoc Bao Tea Joint Stock Company; Minh Rong Tea Joint Stock Company; Di Linh Tea – Coffee Joint Stock Company held a meeting.

The content is to handle content related to people’s recommendations on transferring the value of tea gardens and grants Certificates of land use rights (GCN) for the contractor.

Complaints arise during the land recovery process

On March 21, Lam Dong Provincial Inspectorate reported on the incident move tea garden for people to work on contracts with tea companies.

This agency stated that during the equitization process, the tea companies did not prepare land use plans before equitization, so the entire land area managed by the companies was granted Certificates and leased out by the Provincial People’s Committee according to the law. form of annual land rental payment. This causes price reduction tea garden for contracted households who later encounter many problems.

For example, in 2012, Lam Dong Tea Joint Stock Company (Lam Dong Tea Company) managed nearly 300 hectares including 285.5 hectares of tea and 6.5 hectares of coffee. Due to the need to increase investment capital, the company has asked the province for permission transfer worth more than 50 hectares of tea gardens in remote areas with low efficiency.

This proposal was proposed by the Department of Finance to the Provincial People’s Committee. On May 8, 2012, Lam Dong Provincial People’s Committee agreed on the principles and methods of transfer to the contractor. The province assigned Lam Dong Tea Company to be responsible for the transfer value agreement and absolutely not transfer the tea garden to other subjects.

After completing the procedures for transferring the value of the tea garden, the enterprise must report to the Department of Natural Resources and Environment for inspection and prepare documents to submit to the Provincial People’s Committee to recover land to hand over to the People’s Committees of Bao Lam and Di Linh districts for management. and issue certificates to people.

From 2014 to 2016, Lam Dong Provincial People’s Committee issued four decisions to revoke more than 50 hectares of tea gardens assigned to districts to issue Certificates to contracted households. Along with that, Lam Dong Tea Company transferred the value of more than 46 hectares of tea gardens to 94 households, leaving about 4 hectares remaining.

During the transfer process, in this area, 28 households requested the Provincial People’s Committee to consider and approve the policy for Lam Dong Tea Company to transfer 13.28 hectares of tea gardens. However, the province believes that this area is not within the approved policy area, so it does not consider resolving it.

Similarly, from 2008 to 2012, Ngoc Bao Tea Company was also allowed by the Provincial People’s Committee to transfer the value of 147 hectares of tea garden. At the same time, land recovery decisions were issued, and the People’s Committee of Bao Loc City and Bao Lam District People’s Committee were assigned to manage and establish procedures for granting Certificates to households.

At the same time, Ngoc Bao Tea Company transferred 33.37 hectares of tea garden value to households. However, some areas are not included in the tea garden area approved by the Provincial People’s Committee for land recovery.

Since then, from November 2023 until now, 10 households that have contracted land from Ngoc Bao Tea Company have continuously submitted applications to the province to consider and approve the transfer policy and request a Certificate of Origin.

Stop transferring garden value and issuing books

Thus, since 2007, Lam Dong Provincial People’s Committee has allowed three companies to transfer nearly 489 hectares/1,318 hectares of tea garden value.

At the same time, a decision was issued to recover more than 398 hectares to hand over to localities for management and issue Certificates to contracted households according to regulations; For the remaining nearly 91 hectares, the province has not yet made a decision on land recovery.

The process of transferring tea gardens by companies after the province has an actual policy depends on each land location, the value can be from 100-150 million VND/1,000m².

According to the People’s Committee of Lam Dong province, the period 2006-2019 is the time when companies are eligible for land rent exemption and reduction with the State. At that time, the companies asked for a policy of transferring the value of large-area gardens and returning the land so that the State could issue Certificates of Merit to contracted households. At this time, companies no longer have to pay land rent to the State but also benefit greatly when transferring gardens to contracted households.

Not to mention, there are many cases where the value of the garden is transferred and a certificate is issued but one is not the direct recipient of the contract according to the approved list.

During the local land management process, Lam Dong Provincial People’s Committee has a policy of allowing contractors to transfer the value of the garden. At that time, the companies will return the land to the province. The Provincial People’s Committee will recover the land, hand it over to the locality to carry out procedures for land allocation, land lease, and issuance of land certificates to contracted households.

However, in the case of equitized companies and the request to re-establish land use plans for joint stock companies to implement the above transfer, this is not regulated by law.

According to Lam Dong province inspectors, the transfer process can lead to legal errors, violate the law, turn public land into private land, and businesses that transfer the value of gardens do not have to pay land rent. just benefited a large amount of money. Some cases have taken advantage of the State’s contracting policy to collect public land, breaking contracting contracts, causing insecurity and order in the locality.

The Provincial Inspectorate proposed that the Provincial People’s Committee not yet consider approving the policy of transferring the value of the orchards of the above companies. At the same time, temporarily stop issuing Certificates for the areas that the companies have transferred above.

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