What are the regulations on the management and protection of dual-use constructions in Vietnam? What are dual-use constructions?
What are dual-use constructions?
According to the provisions of Article 7 of the Law on Management and Protection of National Defense Constructions and Military Zones 2023, the details are as follows:
Dual-use constructions
1. Dual-use constructions are those used for both military, defense purposes and civilian purposes, including civilian constructions with dual-use characteristics and defense constructions used dually, as decided by the competent authority when approving the investment policy or changing, supplementing the usage purpose.
2. The agency in charge of appraising the investment policy for dual-use civilian constructions is responsible for consulting the Ministry of National Defense on the dual-use nature of the construction before submitting it to the competent authority for approval.
3. Investors, owners of dual-use constructions are responsible for providing design files, completion records, and cooperating with the agencies and units of the Ministry of National Defense to register the list, classify, categorize, and manage records according to the regulations of the Ministry of National Defense.
4. The Minister of National Defense, in collaboration with other Central Authorities' Ministers, Heads, and provincial People's Committee Chairpersons, submits to the Prime Minister of the Government of Vietnam for decision on usage or abolition of dual-use for defense constructions.
5. The Minister of National Defense decides on the temporary shift of dual-use constructions from civilian purposes to military purposes in urgent situations to carry out defense duties, during times of war or in defense emergency situations.
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According to the above provision, dual-use constructions are those used for both military, defense purposes and civilian purposes, including civilian constructions with dual-use characteristics and defense constructions used dually, as decided by the competent authority when approving the investment policy or changing, supplementing the usage purpose.
What are the regulations on the management and protection of dual-use constructions in Vietnam? What are dual-use constructions?
What are the regulations on the management and protection of dual-use constructions in Vietnam?
According to the provisions of Clause 6, Article 7 of the Law on Management and Protection of National Defense Constructions and Military Zones 2023, the details are as follows:
Dual-use constructions
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6. Management and protection of dual-use constructions are regulated as follows:
a) Dual-use constructions used for civilian purposes are managed, used according to relevant legal provisions and must have management records, statistics, and inventory in accordance with Articles 10 and 14 of this Law;
b) Dual-use constructions used for military and defense purposes are managed and protected as per this Law;
c) In cases where dual-use constructions are used simultaneously for both military, defense and civilian purposes, the construction owner is responsible for leading and cooperating with relevant agencies, units, and localities to organize the management and protection of the construction as per this Law and relevant legal provisions;
d) Renovation and repair of dual-use civilian constructions that change the functional usage for military, defense purposes must have the consensus of the Ministry of National Defense.
The management and protection of dual-use constructions must be carried out according to the above provisions.
What is included in the management records of dual-use constructions in Vietnam?
According to the provisions of Article 10 of the Law on Management and Protection of National Defense Constructions and Military Zones 2023, the details are as follows:
Establishing management records for national defense constructions and military zones
1. Management records for national defense constructions and military zones include:
a) Map of the location of the national defense constructions, military zones;
b) Cadastral map or diagram identifying the land usage boundaries, land with water surface along with land use right certificates or decisions by competent authorities on managing, using land, land with water surfaces, and sea areas;
c) Maps, diagrams, documents identifying the boundary markers of restricted areas, protection areas, safety belts, safety belts of ammunition depots, technical safety corridors of military antenna systems;
d) Design files, completion records of constructions as stipulated by construction law and relevant laws; for ancient citadels, old forts, bunkers, trenches, and pillboxes left by history without design files and completion records, and defense constructions with no design files, completion records, actual state drawings, and diagrams must be established;
dd) Other relevant documents, materials.
2. Responsibilities for establishing management records for national defense constructions and military zones are regulated as follows:
a) Investors lead and cooperate with relevant agencies, units, and localities to establish management records for defense constructions, military zones that are newly invested in and constructed;
b) Units assigned to manage lead and cooperate with relevant agencies, units, and localities to establish management records for defense constructions, military zones not covered in point a of this clause.
3. Records are classified according to the relevance for each type and group of national defense constructions, military zones; stored, managed, and used in accordance with this Law and laws on protecting state secrets.
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The management records of dual-use constructions include:
- Map of the location of the national defense constructions, military zones;
- Cadastral map or diagram identifying the land usage boundaries, land with water surfaces along with land use right certificates or decisions by competent authorities on managing, using land, land with water surfaces, and sea areas;
- Maps, diagrams, documents identifying the boundary markers of restricted areas, protection areas, safety belts, safety belts of ammunition depots, technical safety corridors of military antenna systems;
- Design files, completion records of constructions as stipulated by construction law and relevant laws; for ancient citadels, old forts, bunkers, trenches, and pillboxes left by history without design files and completion records, and defense constructions with no design files, completion records, actual state drawings, and diagrams must be established;
- Other relevant documents, materials.
Law on Management and Protection of National Defense Constructions and Military Zones 2023 will come into effect from January 1, 2025.
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