Newest guidelines for the preparation and appraisal of plan for use of national defense or security land for both its main purposes and production in Vietnam

Newest guidelines for the preparation and appraisal of plan for use of national defense or security land for both its main purposes and production in Vietnam (Internet image)

Newest guidelines for the preparation and appraisal of plan for use of national defense or security land for both its main purposes and production in Vietnam

According to Article 88 Decree 102/2024/ND-CP, the process of preparing, appraising, and approving plan for use of national defense or security land for both its main purposes and production and economic development in Vietnam is as follows:

- Military units, police units, public service providers under the People's Army, People's Police, and state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security, when using land for defense or security purposes combined with labor and production activities, and economic construction, are responsible for reviewing and preparing proposals for land use, including:

+ Land use proposal, including:

++  Basis  and  necessity  of  the  proposal;  current  status  of  land  use  and  assets  attached  to  the  land;

++  Content,  location,  area,  purpose,  form,  and  duration  of  land  use  for  defense  or  security  combined  with  labor  and  production  activities,  and  economic  construction;

++  Assessment  of  the  impact  of  combining  land  use  with  labor  and  production  activities,  and  economic  construction  on  the  fulfillment  of  military,  defense,  and  security  missions;

++  Assessment  of  compliance  with  the  land  use  planning  for  defense  and  security  purposes;

++  Proposed  plan  for  handling  assets  attached  to  the  land  when  ceasing  the  combined  land  use  for  defense,  security,  and  labor  production  activities;

++  Socio-economic  and  environmental  efficiency;

++  Implementation  solutions;

+ Copy of the decision on the stationing position or the decision on the allocation of housing facilities; a copy of the decision on the detention scale (if any); a copy of the land use right certificate or the land allocation decision (if any);

+ Map of the current status of the land area;

+ Copies of documents related to the use of land for defense or security combined with labor and production activities, and economic construction (if any).

- For military units, police units, public service providers under the People's Army, People's Police, state-owned enterprises managed by the Ministry of National Defense, or the Ministry of Public Security, they should submit a proposal along with the land use proposal dossier specified in clause 1, Article 88 Decree 102/2024/ND-CP, to the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal.

- For military units, police units, public service providers under the People's Army, People's Police, state-owned enterprises managed by the Ministry of National Defense, or the Ministry of Public Security with direct upper-level units, they should prepare a land use proposal dossier as specified in clause 1, Article 88 Decree 102/2024/ND-CP, and report to their direct upper-level units of the Ministry of National Defense or the Ministry of Public Security of Vietnam.

Within 20 days from the date of receiving the land use proposal dossier, the direct upper-level unit of the Ministry of National Defense or the Ministry of Public Security is responsible for reviewing and submitting the proposal for approval to the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal.

- In case of invalid dossiers, within 05 working days from the date of receiving the dossier, the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal is responsible for returning the dossier and stating the reasons in writing.

- The appraisal and approval process for land use proposals requiring annual land levy payment for defense land and land use proposals for security land shall be implemented as follows:

+ Within 30 days from the date of receiving a valid land use proposal dossier, the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal shall organize the appraisal;

+ If the land use proposal dossier meets the requirements, the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal shall submit it to the Minister of National Defense or the Minister of Public Security for consideration and decision;

+ If the land use proposal dossier does not meet the requirements, the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal must provide a written appraisal report to the proposing unit to revise and complete the dossier.

Within 20 days from the date of receiving the appraisal report, the subordinate units of the Ministry of National Defense or the Ministry of Public Security shall direct the units and enterprises to study and incorporate the appraisal feedback to revise and complete the land use proposal dossier for submission to the Minister of National Defense or the Minister of Public Security for consideration and approval.

+ Within 07 working days from the date of receiving the land use proposal dossier, the Minister of National Defense or the Minister of Public Security shall decide on the approval of the land use proposal for defense or security combined with labor and production activities, and economic construction.

- The content of the appraisal of the land use proposal includes:

+ The necessity of using land for defense or security combined with labor and production activities, and ensuring the performance of military, defense, and security tasks;

+ Current status of land use and assets attached to the land; content, location, area, purpose, form, and duration of land use for defense or security combined with labor and production activities, and economic construction;

+ Impact assessment of combining land use with labor and production activities on the performance of military, defense, and security tasks;

+ Compliance with the land use planning for defense or security purposes;

+ Plan for handling assets attached to the land created when ceasing the combined land use for defense or security, and labor production activities;

+ Socio-economic and environmental efficiency;

+ Implementation solutions.

- The Minister of National Defense or the Minister of Public Security of Vietnam is responsible for assigning functional agencies, units, and enterprises to organize execution and provide guidelines for developing implementation plans and sample forms in accordance with Article 88 Decree 102/2024/ND-CP.

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