Regulations on land for construction of public facilities with safety protection corridors in Vietnam

Regulations on land for construction of public facilities with safety protection corridors in Vietnam (Internet image) 

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

1. Regulations on land for construction of public facilities with safety protection corridors in Vietnam

Regulations on land for construction of public facilities with safety protection corridors according to Article 56 of Decree 43/2014/ND-CP are as follows:

- For land for safety protection corridors of public facilities under decisions of competent state agencies while such facilities do not use surface land, land shall be leased only during the construction of the facilities.

- Pursuant to competent state agencies’ regulations on the scope of safety protection corridors of facilities, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with People’s Committees of localities where the facilities are built in, drawing plans on placement of boundary landmarks to specifically determine safety protection corridors and submit such plans to provincial-level People’s Committees of localities where the facilities are built, for approval; and at the same time, to notify People’s Committees at all levels of localities where the facilities are built, for coordination in the protection of their safety corridors.

- Within 30 working days after having plans on placement of boundary landmarks to specifically determine safety protection corridors approved by provincial-level People’s Committees, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with district-level People’s Committees and commune-level People’s Committees of localities where the facilities are built in, publicizing boundary landmarks of facilities protection corridors and place boundary landmarks in the field, then deliver such boundary landmarks to commune-level People’s Committees of localities where the facilities are built, for management.

- Organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with commune-level People’s Committees and district-level Natural Resources and Environment Divisions of localities where the facilities are built in, reviewing the land use status within their safety protection corridors in order to propose handling measures to competent state agencies according to the following provisions:

+ In case the use of land affects the safety protection of facilities or in case the operation of facilities directly affects the life or health of land users, agencies in charge of state management of such facilities shall appraise the level of impacts, and, if land recovery is needed, propose competent People’s Committees to decide on recovery of such land.

Persons having land recovered are entitled to compensation and support for land and land-attached assets which already exist before the facilities’ safety corridors are publicized, and to resettlement in accordance with law.

In case the use of land affects the safety protection of facilities, their owners and land users shall take remedies. Facility owners shall take responsibility for such remedy; if they are unable to take remedies, the State shall recover land and persons having land recovered are entitled to compensation, support and resettlement in accordance with law;

+ In the cases of land use not specified at Point a of this Clause, current users of land within facility safety protection corridors may continue using such land according to the set purposes and shall comply with regulations on facilities safety protection;

+ Certificates of land use rights and ownership of houses and other land-attached assets shall be granted for land within facility safety protection corridors in case the conditions for grant of such certificates are fully met in accordance with the Land Law, unless land recovery notices of decisions have been issued.

Persons who are granted certificates of land use rights and ownership of houses and other land-attached assets may only use the land under Point b of this Clause.

- Agencies and organizations directly managing facilities with safety protection corridors shall take main responsibility for the safety protection of the facilities. In case the safety protection corridors are encroached, occupied or illegally used, they shall promptly report the case to commune-level People’s Committees of localities where exist such corridors, for handling.

- Chairpersons of People’s Committees at all levels of localities where facilities with safety protection corridors are located shall:

+ Detect and promptly handle cases of encroaching upon, occupying or illegally using land areas within the safety protection corridors; promptly stop the illegal building of facilities on the land of the safety protection corridors; and force violators to restore the original status of land;

+ Coordinate with agencies or organizations directly managing the facilities in disseminating regulations on safety protection of facilities and in publicizing boundary landmarks of the facilities’ safety protection corridors;

+ Chairpersons of People’s Committees at all levels shall take joint responsibility for the cases of encroaching upon, occupying or illegally using land areas within the safety protection corridors of facilities in their localities in accordance with law.

- The temporary use of land for construction of public facilities with safety protection corridors shall be agreed upon by construction units and land users in accordance with the civil law.

2. Regulations on use of land for construction of underground facilities in Vietnam

According to Article 57 of Decree 43/2014/ND-CP, based on land use master plans and plans, master plans on space for urban underground construction and other relevant master plans approved by competent state agencies, provincial- level People’s Committees shall decide to allocate or lease land for the construction of underground facilities according to the following provisions:

- Economic organizations, overseas Vietnamese and foreign-invested enterprises may be leased land by the State with annual land use levy or full one-off rental payment for the entire lease term if they use land to construct underground facilities for commercial purposes.

- Economic organizations, overseas Vietnamese and foreign-invested enterprises may be allocated land by the State without land use levy if they use land to construct underground facilities not for commercial purposes.

- The use of land for the construction of underground facilities in the form of BT or BOT projects must comply with Article 54 of this Decree.

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