Resolution No. 132/2020/QH14 piloting policies to remove problems in the use of land for national defense

RESOLUTION

Piloting a number of policies to remove problems and backlog in the management and use of land for national defense and security purpose in combination with production labor and economic construction activities

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Legal Document Promulgation No. 80/2015/QH13;

RESOLVES:

Article 1. Scope of regulation

This Resolution provides regulations on piloting a number of policies to remove problems and backlog in the management and use of land for national defense and security purpose in combination with production labor and economic construction activities, including: Principles and regimes of using land; responsibilities and obligations of relevant agencies, organizations and individuals; handling of projects and contracts which have been performed and the use of land for national defense or security purpose by the equitized and divested enterprises.

Article 2. Subjects of application

1. Military units, police units, public non-business units of the People's Army and the People's Public Security Forces (hereinafter referred to as units).

2. Enterprises in which the State holds 100% of charter capital of the People's Army and the People's Public Security Forces directly engaged in military, defense and security tasks (hereinafter referred to as military and police enterprises).

3. Other related state agencies, organizations and individuals.

Article 3. Principles for use of land for national defense and security purpose in combination with production labor and economic construction activities

1. The use of land for national defense and security purpose must be mainly in service of military, defense and security tasks; in case of use in combination with production labor and economic construction activities, it must be strictly managed, used for the right purposes, effectively, without prejudice to the performance of military and national defense and security tasks.

2. Land for national defense and security purpose shall be used in combination with production labor and economic construction activities according to land use master plans and plans on using land for national defense and security purpose and land use plans approved by competent agencies or persons.

3. Only units and military and police enterprises specified in Clauses 1 and 2 of Article 2 and those who are allowed to continue using the land for national defense and security purpose as prescribed in Article 7 of this Resolution may use the land or national defense and security purpose in combination with production labor and economic construction activities.

4. It is not allowed to use the land for national defense and security purpose to contribute capital with land use rights for performance of joint venture or association contracts.

5. Agencies, organizations and individuals that commit acts of violations of law in the management and use of land for national defense and security purpose in combination with production labor and economic construction activities shall take responsibility and be handled in accordance with law provisions.

Article 4. Regimes of using land for national defense and security purpose in combination with production labor and economic construction activities

1. When using land for national defense and security purpose in the master plans and plans on using land for national defense and security purpose to combine with production labor and economic construction activities, units, military and police enterprises must make a land use plan and submit it to the Minister of National Defence and the Minister of Public Security for approval. A land use plan must comprise the principal contents as follows:

a) Location, boundaries, land use status and assets attached to the allocated land;

b) Location, land area, content and term of land use in combination with production labor and economic construction activities;

c) Impacts on the performance of military, national defense, security and socio-economic development tasks;

d) Cases of termination of land use in combination with production labor and economic construction activities ahead of time; plan for handling assets attached to land created to serve production labor and economic construction activities in case of termination of use ahead of time;

dd) Solutions for implementation organization.

2. In case of using land for national defense and security purpose in combination with labor production and economic construction activities to organize labor, education, reform education, increase production to improve life and logistic and technical support service, it is not required to pay annual land use levy according to this Resolution.

3. In case of using land for national defense and security purpose in combination with production labor and economic construction activities other than those specified in Clause 2 of this Article, the annual land use levy shall be paid. The annual land use levy shall be determined on the basis of the used land area and specific land price in accordance with the land law and the ratio of turnover outside of military, national defense and security tasks.

4. The revenues specified in Clause 6, Article 5 of this Resolution must be fully and promptly remitted into the state budget and the revenue and expenditure estimates must be made according to the Law on the State Budget, of which priority is given to the spending for military, national defense and security tasks and settlement of backlog, regimes and policies for subjects when reorganizing military and police enterprises.

5. The Government shall detail this Article.

Article 5. Responsibilities of the Minister of National Defence and the Minister of Public Security in management and use of land for national defense and security purpose in combination with production labor and economic construction activities

1. To submit agencies and persons competent to promulgate or to promulgate according to their competence and organize the implementation of legal documents on the management and use of land for national defense and security purpose in combination with production labor and economic construction activities.

2. To decide on approving or terminating the plan on using land for national defense and security purpose in combination with production labor and economic construction activities; the plan on handling of land lease projects, contracts or joint venture and association contracts that have been implemented before the effective date of this Resolution.

3. To organize the review, formulation and amendment to the master plans and plans on using land for national defense and security purpose, ensuring the long-term reserve land fund for military, national defense and security tasks and comply with the following regulations:

a) For the land with great economic value that is no longer in demand for military, national defense or security tasks, it is required to report to the Prime Minister for consideration and decision on the change of land use purpose for coordinating with the provincial-level People's Committee to organize an auction of land use rights.

The land with great economic value specified at this point is the land with a value of VND 500 billion or more calculated according to the land price in the land price table issued by the provincial-level People's Committee according to the purpose of use shown in approved master plan;

b) For the land area that is no longer in demand for military, national defense or security tasks, it shall be handed over to the provincial-level People's Committee for socio-economic development and management in accordance with law, except for the cases specified at Point a of this Clause.

4. To organize the formulation of plans on re-arrangement and handling of houses and land at the equitized and divested enterprises as prescribed by law.

5. To coordinate with the provincial-level People's Committee in organizing an auction of land use rights and land-attached assets in accordance with the approved plan on re-arrangement and handling of houses and land as prescribed by law.

6. To organize the collection and remittance into the state budget the following amounts:

a) The annual land use levy, for the case of using land for national defense and security purpose in combination with production labor and economic construction activities as prescribed in this Resolution;

b) Proceeds from auction of land use rights and land-attached assets in accordance with law provisions;

c) Proceeds from equitization and divestment of state capital in military and police enterprises in accordance with law provisions.

7. To organize the drafting of state budget expenditure estimates for military, national defense and security tasks, settlement of backlog, regimes and policies for subjects when reorganizing military and police enterprises from the revenue sources specified in Clause 6 of this Article according to the order and procedures prescribed in the law on state budget.

Article 6. Rights and obligations of units, military and police enterprises using land for national defense and security purpose in combination with production labor and economic construction activities

1. To use land for national defense and security purpose, and land-attached assets to perform production labor and economic construction tasks in accordance with the approved plan.

2. To be entitled to he results of labor and investment results on land.

3. Not to be compensated for land and land-attached assets when the Minister of National Defence or the Minister of Public Security decides to terminate the plan on using land for national defense and security purpose in combination with production labor and economic construction activities to serve military, national defense and security tasks.

4. To pay annual land use levy in accordance with this Resolution.

5. Not to transfer, donate or lease land use rights; not to mortgage or contribute capital with land use rights; not to arbitrarily change land use purposes.

6. Not to transfer, donate, lease, mortgage or contribute capital with land-attached assets.

Article 7. Handling of land for national defense and security purpose for performed land lease projects, contracts, joint-venture contracts, and association contracts and for equitized or divested enterprises

1. The Ministry of National Defence and the Ministry of Public Security shall direct units, military and police enterprises, organizations and individuals that are using land for national defense and security purpose in reviewing and evaluating the effectiveness of national defense, security, socio-economic and environmental performance of the joint venture or association contract or project that has been performed before the effective date of this Resolution; make review reports and propose handling plans.

2. A joint venture or association contract or project that is erroneous or ineffective shall be terminated, liquidated or revoked; units, military and police enterprises, organizations and individuals shall comply with the approved handling plans, thoroughly overcome the shortcomings and violations.

3. A joint venture or association contract or project that is effective, consistent with local master plans and meets requirements of military, national defense and security tasks shall continue to be implemented until the expiry of the signed joint venture or association contract or project and according to the following provisions:

a) In case a joint venture or association contract or project has many organizations or individuals performing together but there is an organization or individual violating the committed obligation, the cooperation with the violating organization or individual must be terminated;

b) In case a joint venture or association contract or project is related to the rights and interests of many parties, the ongoing performance of the currently implemented parties shall be considered;

c) If a joint venture or association contract or project has a foreign partner to perform military, national defense or security tasks, the signed project or contract may continue to be performed;

d) In case the land-attached assets have been leased under the signed joint venture or association contract or project, the performance may continue until the expiry of such project or contract;

dd) In case the joint venture or association contract or project continues to be implemented but the State recovers land ahead of schedule according to the signed project or contract for socio-economic development for the national and public benefits, it shall not be compensated for land, but compensated for the residual value of land-attached assets;

e) When the term of a joint venture or association contract or project expires, no extension is allowed.

4. The re-arrangement and handling of houses and land upon equitization and divestment shall comply with the following provisions:

a) For the location and area of land no longer needed for military, national defense or security tasks, it shall be removed from the master plan on land used for national defense and security purpose and transferred to the provincial-level People's Committee for management and use;

b) For the location and area of land used for national defense and security purpose that is necessary for military, national defense or security tasks, the approved plans for re-arrangement and handling of houses and land shall be applied;

c) With respect to land use contracts and contracts for lease of land used for national defense and security purpose that are signed by the Ministry of National Defence or the Ministry of Public Security with the equitized or divested military or police enterprise, before the effective date of this Resolution, if the land area which must be permanently reserved for military, national defense and security tasks, such contracts may continue to be performed until the expiry.

5. For land lease contracts and projects, joint venture and association contracts that are signed before the effective date of this Resolution but the land use levy has not been collected, the Ministry of National Defence or the Ministry of Public Security shall collect the land use levy under the signed lease contracts and projects, joint venture and association contracts to remit into the state budget but not lower than the annual land use levy as prescribed in this Resolution at the time of determination of the obligation to pay land use levy.

6. The Government shall detail this Article.

Article 8. Implementation provisions

1. This Resolution takes effect on February 01, 2021 and ceases to be effective when the Land Law No. 45/2013/QH13 (which was amended and supplemented by the Law No. 35/2018/QH14) is amended and takes effect.

2. In case there are differences between this Resolution and other laws and resolutions of the National Assembly that are promulgated before the effective date of this Resolution on the same issue in management and use of land for national defense and security purpose in combination with production labor and economic construction activities, this Resolution shall prevail.

3. The Government shall organize the implementation of this Resolution.

4. The National Assembly Standing Committee, Ethnic Council, Committees of the National Assembly, National Assembly delegations and members, People's Councils at all levels, Central Committee of the Vietnam Fatherland Front and other members of the Front shall, within the scope of their duties and powers, supervise the implementation of this Resolution.