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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
9/CP
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Ha
Noi ,February 12, 1996
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DECREE
OF THE GOVERNMENT
PROVIDING FOR REGULATIONS ON THE MANAGEMENT AND USE OF LAND FOR NATIONAL DEFENSE
AND SECURITY PURPOSES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993;
At the proposals of the Minister of Defense, the Minister of the Interior and
the General Director of the General Land Administration,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree provides
for regulations on the management and use of land for national defense and
security purposes.
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Article 2.-
1. The land used for national defense and
security purposes is the land of specialized use allocated by the State to the
people's army units to use for national defense and security purposes as
specified in Clause 1, Article 65 of the Land Law.
2. The land used for the construction of other
national defense and security projects as specified in Point i, Clause 1,
Article 65 of the Land Law includes: land used for the construction of public
houses; land used as detention camps; and land in other areas which are
allocated by the Government to the Ministry of Defense and the Ministry of the
Interior to manage and protect in separate areas.
Article 3.- The Minister of
Defense and the Minister of the Interior, within the scope of their tasks and
powers, shall be responsible to the Government for the management and use of
land allocated by the State for national defense and security purposes.
Article 4.- The people's army
units, which are allocated land by the State to use for national defense and
security purposes, include:
1. The units attached to the Ministry of
Defense: the General Departments, the Military Zones, the Army Corps, the Army
Services, the Border Force Command, the Military Commands of the provinces and
cities directly under the Central Government, Military Institutes and Schools,
and the units directly attached to the Ministry of Defense;
2. The units attached to the Ministry of the
Interior: the General Logisties Department, the Police Services of the
provinces and cities directly under the Central Government, and the units
directly attached to the Ministry of the Interior.
Article 5.- The people's army
units, which are allocated land by the State to use for national defense and
security purposes, shall have the following rights:
1. To be granted certificates of land use right;
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Article 6.- The people's army
units, which are allocated land by the State to use for national defense and
security purposes, shall have the following obligations:
1. To use the land for the right purposes, in
the right locations, within the right area boundaries and other regulations
specified when the land is allocated;
2. To comply with the regulations on
environmental protection, to cause no damage to the interests of land users in the
surroundings;
3. They are not allowed to exchange, transfer,
lease, mortgage, contribute as capital to joint ventures and have to comply
with provisions of the land legislation.
Chapter II
REGULATIONS ON THE MANAGEMENT AND USE OF LAND FOR
NATIONAL DEFENSE AND SECURITY PURPOSES
Article 7.-
1. The Ministry of Defense and the Ministry of
the Interior shall elaborate general programs and plans on the use of land for
national defense and security purposes on the national scale and in each
locality.
2. The people's army units, which are allocated
land by the State to use for national defense and security purposes as
specified in Article 4 of this Decree, shall work out their general land-use
programs and plans.
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1. Concrete specification of the use purpose,
the area and the boundary of land allocated to each unit;
2. The readjustment of the general land-use programs
and plans for each unit during each period in accordance with its assigned
tasks;
3. The land area and boundary, the contents of
the readjustment of the general land-use programs and plans as specified in
Clauses 1 and 2 of this Article shall be illustrated on cadastral maps as
provided for by the General Land Administration.
Article 9.- The competence to
ratify the general programs and plans on the use of land for national defense
and security purposes is specified as follows:
1. The Prime Minister shall ratify the general
programs and plans on the use of land for national defense and security
purposes on the national scale and in the cities of grades I and II;
2. The Minister of Defense and the Minister of
the Interior shall ratify the detailed land-use programs and plans of the units
attached to the Ministries which are allocated land by the State to use for
national defense and security purposes;
3. The Presidents of the People's Committees of
the provinces and cities directly under the Central Government shall ratify the
general land-use programs and plans of units of the police forces of provinces
and cities directly under the Central Government after consulting with the
Ministry of the Interior;
4. The supplements to and readjustments of the
general programs and plans on the use of land for national defence and security
purposes shall be ratified by the competent agencies as specified in Clauses 1
and 2 of this Article.
Article 10.- The people's army
units which apply for land allocation by the State for use in national defense
and security purposes shall have to comply with provisions of the land
legislation. The dossier of application for land allocation shall include:
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2. An official dispatch of the Ministry of
Defense or the Ministry of the Interior proposing the allocation of land;
3. An official dispatch of the People's Committee
of the province or city directly under the Central Government proposing the
allocation of land;
4. A description of the location and area of the
plot of land, construction area, need for use of technical infrastructure,
evaluation of environmental impact, construction tempo, investment capital in
the approved investment project.
Article 11.- The Prime Minister
shall decide the allocation of land to the people's army units when there is
such need for national defense and security purposes.
Article 12.- The People's Committees of
the provinces and cities directly under the Central Government shall issue
certificates of right to use land for national defense and security purposes to
the people's army units whose general programs and plans have been approved or
whose application has been ratified by the Prime Minister.
Article 13.- The dossier of
application for certificate of right to use land for national defense and
security purposes of a people's army unit shall include:
1. An application for certificate of land use
right of the people's army unit, which is allocated land by the State to use
for national defense and security purposes;
2. A decision of the Ministry of Defense or the
Ministry of the Interior on the unit's location or project site;
3. The unit's general land-use program and plan
which have been approved by the competent agency as specified in Article 9 of
this Decree or in the land-allocation decision of the Prime Minister;
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Article 14.- The measurement of
land for national defense and security purposes shall be conducted in
accordance with procedures and technical regulations promulgated by the State.
In case of national defense and security projects which need to be kept secret,
the local Land Administration Service shall conduct only the measurement of
necessary boundaries and landmarks in the area.
Article 15.- Registration of land
statistics:
1. The people's army units, which are allocated
land by the State to use for national defense and security purposes, shall
register land as provided for in Article 33 of the Land Law. The land
registration must ensure the national defense and security secrets. The
cadastral maps of the plots of land for national defense and security purposes
allocated to the people's army units must clearly define the boundary and
supply other necessary data matching the local cadastral maps;
2. The people's army units, which have been
allocated land by the State to use for national defense and security purposes,
shall make annual statistics and report on the situation of land use and
changes of land of the units under their management in accordance with
regulations of the Ministry of Defense, the Ministry of the Interior and the
General Land Administration.
Article 16.- The use of land for
national defense and security purposes shall be implemented by the Ministry of
Defense and the Ministry of the Interior in accordance with the general
programs already approved by the Government.
The transfer of land allocated by the State to
the national defense or security units for other uses shall be decided by the
Prime Minister on a case-by-case basis at the proposal of the Ministry of
Defense or the Ministry of the Interior after consulting the People's
Committees of the provinces or cities directly under the Central Government.
Article 17.- The files and
documents on land for national defense and security purposes shall be preserved
as secrets and kept at:
1. The Ministry of Defense or the Ministry of
the Interior;
2. The people's army units which have been
allocated land by the State to use for national defense and security purposes
as provided for in Article 4 of this Decree;
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4. The Land Administration Services of the
provinces or cities directly under the Central Government.
Article 18.- When the need arises
to recover the land for national defense and security purposes for other uses, the
competent State agencies shall notify in writing the people's army units which
have been allocated land by the State to use for national defense and security
purposes and the Ministry of Defense or the Ministry of the Interior, at least
six months before issuing the decision.
Article 19.- The people's army
units which have been allocated land by the State to use for national defense
and security purposes when being granted certificates of land use right, shall be
exempted from land use charges as provided for in Clause 1, Article 12 of
Decree No.89-CP of August 17, 1994 of the Government.
Article 20.- The people's army
units managing and using land for national defense and security purposes, after
re-examining their general plans, shall inform the Ministry of Defense or the
Ministry of the Interior of the excess land and return it to the State.
Article 21.- The People's
Committees of the provinces and cities directly under the Central Government
shall exercise State management over the land used for national defense and
security purposes in their respective localities to meet the requirements of
national construction and defense as well as national security, and propose to
the Prime Minister to recover the land which is used wastefully or for wrong
purposes by the people's army units.
The General Land Administration shall assist the
Government, the provincial Land Administration Services shall assist the
People's Committees of the provinces and cities directly under the Central
Government in exercising State management over the land used for national
defense and security purposes in accordance with provisions of the land
legislation.
Article 22.-
1. The commanders of the people's army units
which use land for national defense and security purposes shall have to report
on the situation of land use and provide relevant documents to land inspectors
regarding the implementation of the land legislation, and at the same time
ensure national defense and security secrets as provided for by the Ministry of
Defense or the Ministry of the Interior.
2. The inspectorate of the Ministry of Defense
or the Ministry of the Interior shall have the following responsibilities:
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b) To coordinate with the central and local land
inspection agencies in inspecting matters relating to the management and use of
land for national defense and security purposes;
c) To request the competent State agencies to
handle violations of the land legislation by the people's army units and other
organizations and individuals.
Article 23.- The Ministry of
Defense and the Ministry of the Interior shall be entitled to decide on the
change of units using land for national defense and security purposes in order
to fufill the national defense and security tasks in accordance with provisions
of law.
Chapter III
IMPLEMENTATION PROVISIONS
Article 24.- This Decree takes
effect from the date of its signing. The previous stipulations contrary to this
Decree are now annulled.
Article 25.- The Ministry of
Defense, the Ministry of the Interior and the General Land Administration,
within the scope of their functions and tasks, shall have to guide the
implementation of this Decree.
Article 26.- The Ministers, the
Heads of the ministerial-level agencies, the Heads of the agencies attached to
the Government, the Presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this Decree.
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