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

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

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

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

Article 157 of the Land Law 2013 stipulates land used for construction of public facilities with safety corridors in Vietnam as follows:

- Land used for construction of public facilities with safety corridors includes land used for construction of systems of transport, irrigation, dykes, water supply and drainage, waste treatment, power transmission, oil and gas pipelines and communication, and land within the safety corridors of these systems.

- The use of land for public facilities with safety corridors must ensure the use of both the aerial and underground space, the combination of different facilities in the same land area in order to save land, and comply with relevant specialized laws concerning safety protection of facilities.

- Legally recognized users of land within the safety coưidors may continue using the land in accordance with the determined purposes and may not hinder the safety protection of the facilities.

In case the use of that land hinders the safety protection of the facilities, the owners of facilities and the land users shall take remedial measures. In case of failure to remedy the problem, the State will recover the land and pay compensation in accordance with law.

- Agencies or organizations directly managing the facilities with safety corridors shall publicize information on boundary marks of the safety corridors and take the main responsibility for the protection of the facilities. In case the safety corridors of the facilities are illegally encroached, occupied or used, the agencies or organizations shall promptly report it to and request handling from the commune-level People’s Committee of the locality where the safety corridors are located.

- The People’s Committees of all levels of the locality where the facilities with safety corridors are located shall coordinate with the agencies or organizations directly managing the facilities in disseminating laws and regulations on safety protection of facilities, publicizing boundary marks for the land use within the safety corridors and promptly deal with the illegal occupation, encroachment or use of the safety corridors.

2. Compensation for land within safety corridors upon construction of facilities with safety corridors in Vietnam

Article 94 of the Land Law 2013 stipulates compensation for land within safety coưidors upon construction of facilities with safety corridors as follows:

When the State constructs public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.

3. Does land within safety corridors have a Land Use Rights Certificate in Vietnam?

According to Point c, Clause 4, Article 56 of Decree 43/2014/ND-CP:

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 Clause 4, Article 56 of Decree 43/2014/ND-CP.

Thus, land within safety corridors can still be granted a red book if all conditions are met as prescribed by land law and the time of land use and management is before the construction planning. build projects.

Nguyen Ngoc Que Anh

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