Handling the small public interlaced land that cannot be separated into an independent project in Vietnam

Hello, Lawnet would like to answer the following:

Official Dispatch 3054/BTNMT-QHPTTND dated May 4, 2023 of the Ministry of Natural Resources and Environment, on solving and removing difficulties and obstacles in the implementation of real estate projects mentioned that the treatment of small overlapping public land areas that cannot be separated into independent projects should be applied according to Clause 13, Article 1 of Decree 148/2020/ND-CP, and Article 8 of the Land Law 2013.

Simultaneously, request chairpersons of People's Committees of provinces and centrally run cities to promptly promulgate specific regulations on conditions, criteria, scale, and ratio for splitting into independent projects the land area allocated by the State for management according to its competence.

1. Handling the small public interlaced land that cannot be separated into an independent project in Vietnam

According to Clause 13, Article 1 of Decree 148/2020/ND-CP amending and supplementing Article 16 of Decree 43/2014/ND-CP stipulating the following cases of separating a small public interlaced land into an independent project:

- In case that land meets prescribed requirements to be split into an independent project, the People's Committee at the relevant level shall issue the land withdrawal decision to allocate, assign or lease it for implementation of that independent project by employing the approach of holding an auction of its tenure according to regulations

- An auction must be conducted within the 90-day duration starting from the date on which the State issues the land withdrawal decision;

+ In case that land meets prescribed requirements to be split into an independent project, the People's Committee at the relevant level shall issue the land withdrawal decision to allocate, assign or lease it for implementation of that independent project by employing the approach of holding an auction of its tenure according to regulations

Note: An auction must be conducted within the 90-day duration starting from the date on which the State issues the land withdrawal decision;

+ In case that land fails to meet prescribed requirements to be split into independent projects, the provincial-level People's Committee shall take into consideration the current land use status and local socio-economic conditions to check and determine, in a detailed manner, the project size, the investment location and the land withdrawal decision to proceed to allocate, assign or lease land for implementation of the investment project not through the auction of land use rights, not through the bidding for implementation of land-using projects, and must specifically determine land prices based on which land use fees, levies or land rents are calculated according to regulations;

- Land withdrawal, compensation, support, and resettlement activities in the above cases must be subject to regulations as applied to the case in which the land is withdrawn for use for socio-economic development purposes, or in national and public interests; (Article 62 of the Land Law 2013)

- Provincial-level People's Committees shall set out detailed regulations on conditions, criteria, sizes and ratios under which any project must meet to be split into independent projects in the above cases.

2. Persons taking responsibility before the State for the management of allocated land in Vietnam

According to Article 8 of the Land Law 2013, the persons taking responsibility before the State for the management of allocated land are as follows:

- The head of an organization is responsible for land management in the following cases:

+ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;

+ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;

+ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;

+ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.

+ The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.

+ The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.

+ The representative of a community is responsible for land allocated to the community for management.

Thus, the heads of organizations, the chairperson of the People's Committees at all levels (commune, province, city) who represent the population community are those responsible before the State for the management of allocated land in Vietnam

Please Login to be able to download