The government is moving forward with a special measures law that will exempt farmland not acquired for speculative purposes from disposal, even if violations are identified during a comprehensive farmland survey. The plan allows for the regularization of traditional rental agreements and gives landowners the option to decide whether to entrust their land to the farmland bank.
The Ministry of Agriculture, Food and Rural Affairs announced these details on October 8 as part of its "Follow-up Measures and Reform Directions for Farmland Investigation."
The core of this initiative is that farmland not entrusted to the farmland bank will not be subject to disposal procedures. The government plans to establish a legal basis in the special law to ensure that no disposal obligations or enforcement fines are imposed based on the results of the farmland survey for non-speculative cases. Landowners will have the option to utilize leasing or selling through the farmland bank if they choose.
Inherited farmland will be used as data for system improvements instead of being disposed of, even if fallow periods or ownership limits are exceeded. Similarly, cases where elderly individuals cannot farm directly or where neighbors or relatives farm on their behalf will not lead to disposal actions due to failure to prove compliance with current rental requirements.
Farmland with complex ownership issues, such as that owned by religious organizations or unregistered inherited farmland, will also follow the same principles. Additionally, farmland that is practically unusable, such as landlocked parcels, will not undergo disposal procedures if it does not fall under the types of speculation outlined by the government.
The government has identified three types of speculative behavior that will determine disposal decisions. The first involves acquiring farmland in designated land transaction permission zones with a farming plan and then leaving it unused or renting it out. However, farmland acquired through inheritance is excluded from this category.
Speculation is also defined as acquiring farmland shares through auctions with the intent of profiting from price increases while submitting false farming plans, or acquiring farmland through agricultural corporations for the purpose of subdividing and renting it out for real estate profits. Farmland deemed clearly speculative will undergo a thorough justification process to determine whether to impose disposal orders under current farmland laws.
The government is also promoting special measures to legally transition traditional farmland use. Rental agreements will be recognized as valid for the duration of the contract if they are signed in writing during the special period, regardless of compliance with current regulations. When entrusting land to the farmland bank, landowners will also be able to designate existing farmers for the contract.
For agricultural warehouses, farmer housing, and simple agricultural processing facilities that were installed without permits, the government will not pursue restoration actions solely based on findings from this survey. Facilities that could have met other legal requirements and could have received prior conversion permits will be given the opportunity to apply for post-approval.
However, facilities prohibited in agricultural promotion areas or not permitted under other laws will be excluded from regularization. Non-agricultural facilities will be required to pay farmland preservation fees. Farmland that has been long-term converted to forest or has been used as farmland but has different classifications will also be allowed to change classifications upon application.
The scope of purchases and entrustments by the farmland bank will also be expanded. The current focus on purchasing farmland in agricultural promotion areas that can be immediately utilized for farming will be broadened to include farmland in non-promotion areas that can be used for agricultural purposes. The government plans to discuss increasing next year's budget to address the backlog of purchase requests.
The government aims to resolve accumulated issues through the special law and plans to pursue amendments to the farmland law in the first half of next year. This will include expanding reasons for recognizing rental agreements and fallow periods, protecting the rights of actual farmers and tenants, and reviewing legal rental options for farmland with complex ownership.
Starting October 12, a farmland investigation consultation center will be established to guide the investigation and follow-up measures and to collect on-site difficulties. The government plans to incorporate feedback from farmers, local governments, and experts into the legislative process.
The government stated that it will collaborate with the National Assembly to introduce the special measures law within this month and complete the legislative process by December. Specific measures will be implemented following the enactment of the special law.
* This article has been translated by AI.
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