According to Article 209 of the Land Law 2024, what is land reserved for railways in Vietnam?
According to Article 209 of the Land Law 2024, what is land reserved for railways in Vietnam?
According to the provisions of Article 209 Land Law 2024:
Land reserved for railways
1. Land reserved for railways includes:
a) Land for the construction of national railway infrastructure and urban railways; land for the construction of government agency offices to support regular operations within the railway station;
b) Land for the construction of specialized railway infrastructure, railway industrial works;
c) Land for constructing service works related to passenger transport, freight transport, and other commercial service works within the scope of the railway infrastructure construction land.
2. The allocation and leasing of land for railways are as follows:
a) Land is allocated without collecting land levy for the land stipulated in point a, clause 1 of this Article;
b) Land is leased with annual land rent and exempt from land rent for the land stipulated in point b, clause 1 of this Article.
c) Land is leased with annual land rent for the land stipulated in point c, clause 1 of this Article.
3. For Land reserved for railways that was allocated or leased before this Law takes effect, the State shall consider issuing a Certificate of land use rights, ownership of assets attached to the land according to the provisions of clause 2 of this Article.
4. Provincial-level People's Committees are responsible for arranging land funds, allocating land to the People’s Public Security force to ensure security and order in the railway station area.
According to the above provisions, land reserved for railways includes:
- Land for the construction of national railway infrastructure and urban railways; land for the construction of government agency offices to support regular operations within the railway station;
- Land for the construction of specialized railway infrastructure, railway industrial works;
- Land for constructing service works related to passenger transport, freight transport, and other commercial service works within the scope of the railway infrastructure construction land.
According to Article 209 of the Land Law 2024, what is land reserved for railways in Vietnam? (Internet image)
How is the allocation or lease of land reserved for the railway carried out in Vietnam?
According to the provisions of clause 2, Article 209 Land Law 2024, the allocation or lease of land reserved for the railway shall be carried out as follows:
- Land is allocated without collecting land levy for land for the construction of national railway infrastructure, urban railways, and government agency offices to support regular operations within the railway station;
- Land is leased with annual land rent and exempt from land rent for land for the construction of specialized railway infrastructure and railway industrial works;
- Land is leased with annual land rent for land for constructing service works related to passenger transport, freight transport, and other commercial service works within the scope of the railway infrastructure construction land.
Is the land used for constructing specialized railway infrastructure eligible for exemption or reduction of land levy, land rent in Vietnam?
According to the provisions of Article 157 Land Law 2024:
Exemption and reduction of land levy, land rent
1. Exemption and reduction of land levy, land rent are applied in the following cases:
a) Using land for production and business purposes within investment incentive sectors or in investment incentive regions according to the provisions of the investment law and related laws, except for the use of land for commercial housing construction and the use of commercial land;
b) Using land to implement housing policy, homestead land for people with meritorious services to the revolution, war invalids, or sick soldiers without the ability to work, households of martyrs who are without their main labor, and poor people; using land to implement social housing projects, workers' accommodation in industrial zones, housing for the armed forces, renovating and rebuilding old apartment buildings according to the housing law; homestead land for people displaced when the State recovers land due to threats to human life; homestead land for the subjects stipulated in point a and point b, clause 3, Article 124 of this Law who are working in border, island communes, or island districts without commune-level administrative units belonging to regions with difficult socio-economic conditions or especially difficult socio-economic conditions.
c) Ethnic minorities using land are exempted or reduced from land levy, land rent according to regulations of the Government of Vietnam;
d) Using land of public service providers according to point c, clause 3, Article 120 of this Law;
dd) Using land for constructing airport infrastructure; land for constructing facilities and works providing aviation services; land for parking lots, maintenance workshops serving public passenger transport activities; land for constructing above-ground works serving the operation, exploitation, and use of underground works;
e) Using land for constructing specialized railway infrastructure; land for constructing railway industrial works; land for constructing other auxiliary works directly serving the operation of trains, receiving and dispatching passengers, freight loading and unloading of railways;
g) Using land for implementing investment projects under the public-private partnership method;
h) Using land as a premises for constructing offices, drying yards, warehouses, manufacturing workshops; constructing facilities directly serving agricultural, forestry, aquaculture, and salt production of cooperatives and cooperative unions;
i) Using land for constructing clean water supply and drainage works, wastewater treatment in urban and rural areas;
k) Using land not for national defense and security purposes for defense and security purposes of military and police enterprises;
l) Allocating homestead land to households and individuals when the State recovers land attached to housing that requires resettlement, while those households and individuals do not qualify for compensation for homestead land and have no other residence within the commune-level administrative unit where the recovered land is located;
...
Land used for constructing specialized railway infrastructure is one of the cases eligible for land levy, land rent exemption, and reduction.
LawNet