Can public non-business organizations allocate land without land use levy in Vietnam?
Can public non-business organizations allocate land without land use levy in Vietnam? Is there land allocation for investment projects which use land in border communes in Vietnam?
I am working in a public non-business organization established by the State in the field of health. And in the near future, if the organization wants to expand its area to be able to build for work, can I ask the government to allocate land without land use levy? Is there land allocation for investment projects which use land in border communes? Please advise. Thank you.
Can public non-business organizations allocate land without land use levy in Vietnam?
In Article 54 of the 2013 Land Law, land allocation without land use levy, according to which:
The State shall allocate land without land use levy in the following cases:
1. Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of this Law;
2. Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business organizations that are not self-financed and use land for office construction.
4. Organizations that use land for construction of resettlement houses under the State’s projects.
5. Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of this Law.
Thus, according to the above regulations, public non-business organizations that are not self-financed and use land for office construction is not in the case of being allocated land without land use levy in Vietnam.
Is there land allocation for investment projects which use land in border communes in Vietnam?
Pursuant to Article 58 of the 2013 Land Law on conditions for land allocation, land lease and change of land use purpose to implement investment projects are as follows:
1. For investment projects that use paddy land or land for protection forests or land for special- use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the Prime Minister, competent state agencies may only decide on land allocation or land lease or permit change of land use purpose when one of the following documents is available:
a/ The written approval by the Prime Minister for change of land use purpose for the paddy land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more;
b/ The resolution of the provincial-level People’s Council for change of land use purpose for the paddy land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha.
2. For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies.
3. Those who are allocated land or leased land by the State, or permitted by the State to change land use purpose to implement investment projects must meet the following conditions:
a/ Having financial capacity to ensure the land use according to the investment project’s schedule;
b/ Paying a deposit in accordance with the investment law;
c/ Not violating the land law if they are implementing other projects on the state-allocated or -leased land.
4. The Government shall detail this Article.
According to this Article, investment projects which use land in border communes in Vietnam may only be allocated land with written approval from relevant ministries and branches.
Best Regards!
