Resource information
The Regulation provides for the protection of the economical integrity of agricultural enterprises, and their sustainability by preventing land fragmentation due to inheritance proceedings. A three-member commission shall assess the economic status of any agricultural enterprise in the provinces. The implementation procedure shall follow the criteria issued in the Implementation Regulation. The minimum size ceiling required for the partition of agricultural lands is listed in the Regulation. Enterprises engaged in mushroom production, livestock breeding and fisheries could not be divided. These enterprises could only be divided if they have more than one unit of production and if each unit meets the adequate income criteria. This income criteria is determined by the Ministry of Agriculture and Rural Affairs by using wholesale price indexes that are released annually by State Statistics Institute. Commission decisions whether an enterprise could be divided among inheritors are submitted to the court for final decision.A six-month provisional consent is granted to eligible applicants, enabling them to accomplish necessary preparations. Final consent is given to applicants whose preparation activities are approved by the Commission. The applicant will then have to finalize leasing procedures with the Ministry of Finance within 15 days. Leasing details are given in the Circular.
