07:38 | 10/09/2024

What are details of regulations on statistics and inspection of national defense land and security land in Vietnam from August 1, 2024 under Circular 08?

What are details of regulations on statistics and inspection of national defense land and security land in Vietnam from August 1, 2024 under Circular 08?

What are details of regulations on statistics and inspection of national defense land and security land in Vietnam from August 1, 2024 under Circular 08?

According to Article 14 Circular 08/2024/TT-BTNMT stipulating statistics and inspection of national defense land and security land in Vietnam:

(1) The statistics and inspection of national defense land and security land are chaired by the Ministry of National Defense, the Ministry of Public Security, in cooperation with the Provincial People's Committees.

(2) The Provincial People's Committees direct and guide the subordinate People's Committees in cooperating with the Ministry of National Defense and the Ministry of Public Security to review and unify the locations and areas of national defense land and security land within their localities.

(3) The statistics and inspection of national defense land and security land according to the indicators of the types of land specified at point c, clause 3, Article 9 Land Law 2024; clause 3, Article 5 Decree 102/2024/ND-CP and are aggregated into the table specified at point e, clause 1, Article 5 Circular 08/2024/TT-BTNMT.

(4) The results of the statistics and inspection of national defense land and security land include reports and statistical data tables as stipulated at point e, clause 1, Article 5 Circular 08/2024/TT-BTNMT.

(5) The Ministry of National Defense, the Ministry of Public Security sends the results of statistics and inspection of national defense land and security land nationwide to the Ministry of Natural Resources and Environment before March 31 of the subsequent year for land statistics results; before June 30 of the subsequent year for land inventory results.

Circular 08 regulations on statistics and inventory of national defense land and security land from August 1, 2024

What are details of regulations on statistics and inspection of national defense land and security land in Vietnam from August 1, 2024 under Circular 08?

What are criteria for, content, and activities of Land Statistics and inspection in Vietnam?

According to Article 58 Land Law 2024 regulations on the criteria for, content, and activities of Land Statistics and inspection in Vietnam: 

(1) Land statistics and inspection criteria for types of land specified in Article 9 Land Law 2024 include:

- Area;

- Land use entities;

- Entities allocated to manage the land.

(2) The basis for determining land statistics and inspection criteria includes:

- Land statistics criteria are determined according to cadastral records at the time of statistics;

- Land inventory criteria are determined according to cadastral records and current land use status at the time of inventory.

(3) The content of land statistics and inspection by administrative units at the commune, district, provincial levels, and nationwide includes: determining the total area of each type of land, the area structure by each type of land, land use entities, entities allocated to manage the land; the area of land allocated, leased, and converted for use.

(4) Land statistical activities are carried out as follows:

- Collecting records, documents, maps, and data related to land changes during the statistical period; land inventory data of the previous period or land statistics data conducted in the previous year;

- Reviewing, updating, and correcting land changes during the statistical year;

- Processing, summarizing data and preparing land statistics tables by administrative units at all levels;

- Analyzing, evaluating land use status, and land dynamics during the statistical period, and proposing solutions to strengthen management and improve land use efficiency;

- Preparing land statistics reports.

(5) Land inventory activities are performed as follows:

- Collecting records, documents, maps, and data related to land changes during the land inventory period; records of land inventory results from the previous period and annual land statistics results during the land inventory period;

- Investigating, reviewing, updating, and correcting land changes during the land inventory period;

- Processing, summarizing data and preparing land inventory tables by administrative units at all levels; preparing narrative reports on land use status;

- Mapping the current land use status; preparing narrative reports on current land use status maps;

- Preparing land inventory result reports.

What are rules for using land for national defense or security purpose in combination with productive labour in Vietnam?

According to Article 82 Decree 102/2024/ND-CP on ules for using land for national defense or security purpose in combination with productive labour and economic development in Vietnam:

- Units and state-owned enterprises managed by the Ministry of National Defense, the Ministry of Public Security, when using land combined with production activities and economic construction associated with military, defense, and security tasks, must prepare land use plans and submit an annual land levy.

In cases of using national defense and security land combined with production activities and economic construction for educational purposes; labor, reform, vocational training for prisoners; training, increasing production to improve living conditions; logistics and technical support services are not required to submit the land levy.

- The yearly land use levy is determined based on the area of land used in combination with production activities and economic construction according to the approved plan, land price according to the price list, annual land use unit price percentage, and revenue ratio beyond military, defense, and security tasks.

- The amounts collected as per Decree 102/2024/ND-CP must be fully and promptly submitted to the state budget and must prepare revenue and expenditure estimates in accordance with the Law on State Budget, prioritizing spending on military, defense, security tasks, and resolving pending issues and policies for those affected during the reorganization of enterprises managed by the Ministry of National Defense, the Ministry of Public Security.

- When needing to use land for military, defense, and security tasks, the Minister of National Defense and the Minister of Public Security decide to terminate the land use plan at units and enterprises managed by the Ministry of National Defense, the Ministry of Public Security; related organizations and individuals must hand over the land to units and enterprises managed by the Ministry of National Defense, the Ministry of Public Security for military, defense, and security tasks.

The handling of assets and arising constructions (if any) is according to the approved land use plan and related legal provisions.

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