Regulations on land for national defense or security purposes in Vietnam

Regulations on land for national defense or security purposes in Vietnam (Internet image)

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

1. Regulations on land for national defense or security purposes in Vietnam

Regulations on land for national defense or security purposes in Vietnam according to Article 50 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP) are as follows:

- Users of land for national defense or security purposes are defined as follows:

+ Units under the Ministry of National Defense or the Ministry of Public Security shall be users of land for military barracks, except the case specified at Point c of Clause 1 of Article 50 of Decree 43/2014/ND-CP; land for military bases;

Land for national defense works, battle fields and special works of national defense and security; public-duty houses of people’s armed forces; and land in the areas allocated by the Government exclusively to the Ministry of National Defense or the Ministry of Public Security for management, protection and use;

+ Units directly using land are land users for land used for military railway stations and ports; land for industrial and science and technology facilities directly serving national defense and security; land for warehouses for people’s armed forces;

Land for shooting grounds, training grounds, and weapon testing or weapon destroying sites; land for construction of schools, hospitals and sanitaria of the people’s armed forces; land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security;

+ Military commands of provinces or centrally run cities; military commands of districts, towns or provincial cities; public security departments of provinces or centrally run cities; public security offices of districts, towns or provincial cities; public security offices of wards or townships; and border guard stations are users of land for construction of their offices.

- Land for national defense or security purposes shall be properly used.

For unused or improperly used land areas, provincial-level People’s Committees shall notify land users to put the land to proper use; 12 months after receiving such notification, if land users fail to put the land to proper use, provincial-level People’s Committees shall recover such land for allocation to others for use.

- Land currently managed and used by people’s armed force units but not under approved master plans on use of land for national defense or security purposes shall be handed over to localities for management and handled as follows:

+ For land areas already allocated for households of officers and soldiers of the people’s armed force units for building houses under approved land use master plans or plans, the land users shall be granted certificates of land use rights and ownership of houses and other land- attached assets and shall fulfill all financial obligations prescribed by law;

+ For land for non-agricultural production and business purposes which is currently used by national defense or security enterprises, these enterprises shall shift to lease such land under production and business plans approved by the Ministry of National Defense or the Ministry of Public Security;

+ For land areas not specified at Points a and b of tClause 4 of Article 50 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP), provincial-level People’s Committees shall decide to recover them for allocation or lease for use in accordance with law.

- Competent state agencies shall definitely handle disputed land areas for identifying land users.

2. Cases of land expropriation for national defense or security purpose in Vietnam

According to Article 61 of the Land Law 2013, the State may recover land for national defense or security purpose in the following cases:

- Land for military barracks or offices;

- Land for construction of military bases;

- Land for construction of national defense works, battle fields and special works of national defense or security;

- Land for military railway stations and ports;

- Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;

- Land for warehouses for the people’s armed forces;

- Land for shooting grounds, training grounds, and weapon testing and destroying sites;

- Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces;

- Land for construction of public-duty houses of the people’s armed forces;

- Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.

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