Plan to simplify procedures for operation of vacant land to generate capital for infrastructure development in Vietnam

Plan to simplify procedures for operation of vacant land to generate capital for infrastructure development in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

On April 4, 2024, the Prime Minister approved a plan to simplify 18 internal administrative procedures related to public property under the Ministry of Finance, issued together with Decision 277/QD-TTg in 2024.

Plan to simplify procedures for operation of vacant land to generate capital for infrastructure development in Vietnam

The Prime Minister approved a plan to simplify procedures for operation of vacant land to generate capital for infrastructure development in the plan to simplify internal administrative procedures among state agencies in the public property sector, issued together with Decision 277/QD-TTg in 2024, as follows:

- Simplified content:

+ Annul administrative procedures to comply with the regulations of the land law.

Reason: Article 118 of the Law on Management and Use of Public Property 2017 regulates the operation of vacant land and water surfaces to generate capital for infrastructure development, and the government will provide detailed regulations on this. However, the Land Law 2013 does not specifically regulate the recovery of land for projects in the vicinity of transportation infrastructure, so there is no basis for implementation. Article 26 of the Land Law 2024, recently passed by the National Assembly, stipulates: "Projects in the vicinity of transportation connection points and potential development transportation routes" fall under the case of land recovery for socio-economic development in the national and public interest. This content will be implemented according to the detailed regulations of the Land Law 2024.

- Recommendations for implementation:

+ Amend Decree 33/2019/ND-CP dated April 23, 2019, which regulates the management, use, and exploitation of road infrastructure.

+ Implementation timeline: 2024.

Plan to simplify procedures for operation of vacant land and water surfaces to generate capital for the development of inland waterway transportation infrastructure in Vietnam

The Prime Minister approved a plan to simplify procedures for operation of vacant land and water surfaces to generate capital for the development of inland waterway transportation infrastructure in Vietnam in the plan to simplify internal administrative procedures among state agencies in the public property sector, issued together with Decision 277/QD-TTg in 2024, as follows:

- Simplified content:

+ Abolish administrative procedures to comply with the regulations of the law on land.

Reason: Article 118 of the Law on Management and Use of Public Property 2017 regulates the operation of vacant land and water surfaces to generate capital for infrastructure development, and the government will provide detailed regulations on this. However, the Land Law 2013 does not specifically regulate the recovery of land for projects in the vicinity of transportation infrastructure, so there is no basis for implementation. Article 26 of the Land Law 2024, recently passed by the National Assembly, stipulates: "Projects in the vicinity of transportation connection points and potential development transportation routes" fall under the case of land recovery for socio-economic development in the national and public interest. This content will be implemented according to the detailed regulations of the Land Law 2024.

- Recommendations for implementation:

+ Amend Decree 45/2018/ND-CP dated March 13, 2018, which regulates the management, use, and exploitation of inland waterway transportation infrastructure.

+ Implementation timeline: 2024.

More details can be found in Decision 277/QD-TTg, which comes into force from April 4, 2024.

To Quoc Trinh

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