Change in the use purposes of national defense works and military zones in Vietnam

Change in the use purposes of national defense works and military zones in Vietnam (Internet image)

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

1. What are national defense works and military zones?

- National defense works are construction works whose terrain and natural features have been determined and renovated and are managed and protected by the military, agencies, and organizations assigned to them to serve military, national defense, and homeland security activities. national defense works can be located inside or outside military zones.

- Military zone is a limited area established on the ground, underground, on the water, under the water, and in the air, determined specifically for military and defense purposes.

(Clause 1, 2 of Article 2 of the Law on management and protection of national defense works and military zones 2023)

2. Change in the use purposes of national defense works and military zones in Vietnam

- Changing the use purpose of national defense works and military zones must not affect military or national defense tasks and ensure state secrets; in accordance with the planning of defense construction systems and military zones approved by competent authorities.

- Cases where national defense works and military zones are converted to use include:

+ Changing the purpose of using national defense works and military zones managed by the Ministry of National Defense according to military and defense mission requirements;

+ There is no longer a need to use it for military or defense tasks, and there is a need to change the purpose of use for socio-economic development and to serve people's needs;

+ There is still a need for use for military and defense tasks, but within the scope of implementing socio-economic development projects according to planning approved by competent authorities and agreed upon in writing by the Ministry of National Defense. on changing the purpose of using national defense works and military zones during the project investment policy approval process.

- The authority to decide to change the purpose of national defense works and military zones is prescribed as follows:

+ The Prime Minister decides to change the purpose of using national defense works and military zones to other purposes for the cases specified in Point b and Point c of Clause 2 of Article 12 of the Law on management and protection of national defense works and military zones 2023, at the same time, consider and approve land recovery according to the provisions of land law for land areas containing national defense works and military zones that are converted to other purposes;

+ The Minister of National Defense decides or delegates the authority to decide on changing the use purpose of national defense works and military zones specified in Point a of Clause 2 of Article 12 of the Law on management and protection of national defense works and military zones 2023.

- In the event of changing the use purpose of national defense works and military zones according to the provisions of Point c of Clause 2 of Article 12 of the Law on management and protection of national defense works and military zones 2023 is carried out as follows:

+ Provincial People's Committees are responsible for allocating land funds to establish military zones in new locations suitable for military and national defense tasks;

+ Agencies, organizations, and investors implementing the project must provide compensation and support to build national defense works, establish military zones in new locations, and ensure the implementation of military and defense tasks. according to the provisions of the Law on management and protection of national defense works and military zones 2023 and relevant laws.

- In cases of changing the use purpose of national defense works and military zones associated with the recovery of defense land, compensation and support shall comply with the provisions of the Law on management and protection of national defense works and military zones 2023 and relevant laws.

(Article 12 of the Law on management and protection of national defense works and military zones 2023)

3. Prohibited acts in Vietnam under the Law on management and protection of national defense works and military zones 2023

- Appropriation, occupation, encroachment, and illegal intrusion; sabotaging and damaging the architecture, structures, and equipment of national defense works and military zones.

- Illegally collecting, appropriating, destroying, or revealing confidential records, documents, and information about defense projects and military zones.

- Unauthorized use or improper purposes; changing the purpose of use, demolishing national defense works; and relocating military zones contrary to the provisions of law.

- Construction, exploitation, and placement of equipment that affects the architecture, structure, usability, safety, and secrecy of national defense works and military zones.

- Obstructing or opposing the performance of tasks by management and security forces, agencies, organizations, or individuals participating in the management and protection of national defense works and military zones.

- Abusing and abusing assigned positions, powers, and tasks in managing and protecting national defense works and military zones for profiteering, harming the interests of the State, the legitimate rights and interests of organizations, households, and individuals.

(Article 8 of the Law on management and protection of national defense works and military zones 2023)

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