Can land for national defense be transferred in Vietnam?

Can land for national defense be transferred in Vietnam?

Pursuant to Clause 1, Article 148 of the 2013 Land Law, regulations on land for national defense or security purpose are as follows:

1. Land used for national defense or security purpose includes land used in the cases prescribed in Article 61 of this Law.

According to Article 61 of the 2013 Land Law stipulates land expropriation for national defense or security purpose as follows:

The State may recover land for national defense or security purpose in the following cases:

1. Land for military barracks or offices;

2. Land for construction of military bases;

3. Land for construction of national defense works, battle fields and special works of national defense or security;

4. Land for military railway stations and ports;

5. Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;

6. Land for warehouses for the people’s armed forces;

7. Land for shooting grounds, training grounds, and weapon testing and destroying sites;

8. Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces;

9. Land for construction of public-duty houses of the people’s armed forces;

10. Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.

Pursuant to the provisions of Clause 5 and Clause 6, Article 6 of Resolution 132/2020/QH14 regulating rights and obligations of military and police units and enterprises using land used for national defense or security purpose in combination with production activities and economic construction labor as follows:

1. Use national land used for national defense or security purpose and assets attached to land to perform production and economic construction tasks in accordance with the approved plan.

2. Enjoy the fruits of labor and investment in land.

3. Do not compensate land and assets attached to land when the Minister of National Defense and the Minister of Public Security decide to terminate the plan to use land used for national defense or security purpose combined with productive labor activities, building the economy to serve military, defense and security tasks.

4. Pay annual land use fees according to the provisions of this Resolution.

5. Do not transfer, donate, or lease land use rights; Do not mortgage or contribute capital with land use rights; Do not arbitrarily change the land use purpose.

6. Do not transfer, donate, lease, mortgage, or contribute capital with assets attached to land.

According to this Article, land for national defense must be used for the approved purpose, and transfer is not allowed in Vietnam. Thus, you cannot buy, sell or transfer land for national defense.

What are responsibilities of the Minister of National Defense and the Minister of Public Security in management and use of land used for national defense or security purpose combined with productive labor and economic construction activities in Vietnam? 

Pursuant to Article 5 of Resolution 132/2020/QH14 stipulating responsibilities of the Minister of National Defense and the Minister of Public Security in management and use of land used for national defense or security purpose combined with productive labor and economic construction activities as follows:

1. Submit to competent agencies and persons for promulgation or promulgate according to authority and organize the implementation of legal documents on management and use of national land used for national defense or security purpose combined with productive labor activities, economic construction.

2. Decide to approve or terminate the plan to use national land used for national defense or security purpose combined with productive labor and economic construction activities; Project handling plan, land lease contract or joint venture or association contract implemented before the effective date of this Resolution.

3. Organize the review, preparation and adjustment of planning and land use plans for defense and security, ensure long-term land reserves for military, defense and security tasks and implement according to regulations following determination:

a) For land areas with great economic value that are no longer needed for military, national defense or security tasks, it must be reported to the Prime Minister for consideration and decision on changing land use purposes to coordinate with the Provincial People's Committee to organize an auction of land use rights.

Land with great economic value specified in this point is land with a value of 500 billion VND or more calculated according to the land price in the land price list issued by the Provincial People's Committee according to the use purpose shown in the approved planning;

b) For land areas that are no longer needed for military, national defense and security tasks, they will be handed over to the Provincial People's Committee for socio-economic development and management according to the provisions of law, except cases specified in point a of this clause.

4. Organize and prepare plans to rearrange and handle houses and land at enterprises implementing equitization and divestment according to the provisions of law.

5. Coordinate with the Provincial People's Committee to organize auctions of land use rights and assets attached to land according to the approved plan to rearrange and handle houses and land according to the provisions of law.

6. Organize the collection and payment to the state budget of the following amounts:

a) Annual land use fees when using national land used for national defense or security purpose in combination with productive labor and economic construction activities specified in this Resolution;

b) Proceeds from auction of land use rights and assets attached to land according to the provisions of law;

c) Proceeds from equitization and divestment of state capital at military and police enterprises according to the provisions of law.

7. Organize the preparation of state budget expenditure estimates for military, defense, security tasks, resolve backlogs, regimes and policies for subjects when restructuring military enterprises, police from the revenue sources specified in Clause 6 of this Article according to the order and procedures specified in the law on state budget.

Best regards!