What are types of land managed and exploited by the land fund development organization in Vietnam?
What are types of land managed and exploited by the land fund development organization in Vietnam?
Pursuant to Article 113 of the Land Law 2024, the land managed, developed, and exploited by the land development organization is as follows:
Article 113. Land developed, managed, and exploited by the land development organization
- The provincial People's Committee assigns the land development organization to manage and exploit the land fund formed from the following sources:
a) Land as prescribed in clause 5, Article 86 of this Law;
b) Land recovered in cases specified in clauses 26 and 27, Article 79 of this Law for the purpose of auctioning land use rights;
c) Land recovered according to the provisions of Article 81, points a, b, c, d, clause 1, and clauses 2, Article 82 of this Law in urban areas;
[...]
The types of land managed and exploited by the land development organization include:
[1] Land recovered for defense, security purposes, or for socio-economic development in the national and public interest as stipulated, which has not been allocated or leased for use in urban areas.
[2] Land recovered in cases of necessity for implementing socio-economic development projects for national, public benefit to utilize land resources, improve land use efficiency, develop socio-economic infrastructure in a modern direction, implement social welfare policies, protect the environment, and preserve cultural heritage in the following cases:
- Projects in adjacent areas of transportation hubs and corridors with development potential.
- Implementation of investment projects for the construction of urban areas with mixed-use functions, synchronous technical and social infrastructure systems, along with housing according to construction law for new construction or renovation, urban embellishment; rural residential area projects.
[3] Land recovered in the following cases in urban areas:
- Cases of land retrieval due to violations of land law.
- Cases of land retrieval due to termination of land use according to the law include:
+ Organizations allocated land by the State without land levy are dissolved, bankrupt, or terminated according to legal provisions.
+ Individual land users who die without an heir after fulfilling asset obligations according to civil law provisions.
+ Land leased or allocated by the State with a term but not extended for use.
+ Land retrieval in case of investment project termination according to investment law.
- When land users reduce or no longer have the need for land use and voluntarily return the land.
[4] Land transferred to local management, handling, or retrieval due to reorganization or handling of houses and land according to public asset management and utilization law, except where such houses and land are handled through transfer or allocated for State purposes according to the public asset management and utilization law.
[5] Land originating from the equitization of state-owned enterprises which are leased back from the State with annual rent and subsequently retrieved by the State for management.
[6] Land used for mineral activities returned according to the leasing contract provisions.
[7] Land formed from land reclamation activities utilizing state budget funds.
[8] Land retrieved for implementing projects to allocate homestead land, production land for ethnic minorities to implement land policies for ethnic minorities as prescribed.
What are types of land managed and exploited by the land fund development organization in Vietnam? (Image from the Internet)
Is the land development organization required to compensate, support, and resettle in Vietnam?
Based on Article 86 of the Land Law 2024, the agency, unit, and organization are responsible for carrying out compensation, support, and resettlement tasks; managing, exploiting, and utilizing the recovered land fund:
Article 86. Agencies, units, and organizations responsible for compensation, support, and resettlement tasks; managing, exploiting, and utilizing recovered land fund
- The district People’s Committee is responsible for directing and organizing compensation, support, and resettlement tasks according to this Law.
- Units and organizations carrying out compensation, support, and resettlement tasks include one or more of the following units and organizations:
a) Land development organization;
b) Other units and organizations with the function of compensation, support, and resettlement;
c) Compensation, support, and resettlement council.
[...]
According to the above regulations, the land development organization is one of the entities responsible for carrying out compensation, support, and resettlement tasks.
What are the main contents of the charter of organization and operation of the Land Development Fund in Vietnam?
Pursuant to Article 4 of Decree 104/2024/ND-CP, the charter of organization and operation of the Land Development Fund includes the following main contents:
- Name and location of the main office.
- Legal status, legal personality, functions, principles of operation, legal representative.
- Operating capital of the Land Development Fund (charter capital, other legally mobilized capital).
- Duties and powers of the Land Development Fund.
- Organizational structure and operational model of the Land Development Fund.
- Quantity, composition, duties, and powers of the Management Board, Supervisory Board, Operations Directorate; working policies of the Management Board.
- Standards and conditions for appointment, re-appointment of titles in the specialized Management Board, positions within the specialized Supervisory Board, Director, Deputy Director, and Chief Accountant of the Fund. Recruitment, planning, appointment, re-appointment, resignation, dismissal, transfer, rotation, reward, discipline, resignation, retirement for specialized positions of the Land Development Fund.
- Management of charter capital and other legally mobilized capital of the Land Development Fund at the State Treasury, state-controlled commercial banks in the area.
- Authority, process of preparing, compiling, approving the Capital Application Plan from the Land Development Fund; authority to decide on capital application from the Land Development Fund; penalties for violations in the use, return of application capital.
- Financial regime, asset management, accounting, and auditing.
- Relationship and responsibilities between the Management Board, Supervisory Board, and Director in managing and operating the Fund, between the Land Development Fund and related state management agencies, organizations receiving capital applications, and organizations entrusted with managing the Fund.
- Other contents to meet the management requirements of the Land Development Fund.
