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MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
03/2021/TT-BTNMT
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Hanoi, May 12,
2021
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CIRCULAR
PROVIDING
GUIDANCE ON DETAILS OF PLAN FOR USE OF LAND UPON EQUITIZATION OF STATE
ENTERPRISES; FORMULATION AND APPROVAL OF PLAN FOR USE OF LAND FOR PUBLIC
SERVICE UNITS TRANSFORMED INTO JOINT-STOCK COMPANIES
Pursuant to the Law on Land dated November 29,
2013;
Pursuant to the Government's Decree No.
36/2017/ND-CP dated April 4, 2017, defining the functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Government’s Decree No.
126/2017/ND-CP dated November 16, 2017 on transformation of state enterprises
and single-member limited liability companies of which charter capital is
wholly owned by the state into joint-stock companies;
Pursuant to the Government’s Decree
No.140/2020/ND-CP dated November 30, 2020, amending and supplementing several
articles of the Government’s Decree No. 126/2017/ND-CP dated November 16, 2017,
regarding transformation of state enterprises and single-member limited
liability companies of which 100% of charter capital is held by state enterprises
into joint-stock companies; the Government’s Decree No. 91/2015/ND-CP dated
October 13, 2015, regarding investment of state capital in enterprises and
management, use of capital and assets at enterprises and the Government's
Decree No. 32/2018/ND-CP dated March 8, 2018, prescribing amendments and
supplements to several Articles of the Decree No. 91/2015/ND-CP;
Pursuant to the Government’s Decree No.
150/2020/ND-CP dated December 25, 2020, prescribing the transformation of
public service units into joint-stock companies;
Pursuant to the Government’s Decree No.
167/2017/ND-CP dated December 31, 2017, prescribing the reorganization and
disposal of public assets;
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Pursuant to the Government’s Decree No.
118/2014/ND-CP dated December 17, 2015 on the organization, reform, development
and improvement of efficiency of operations of agro-forestry companies;
Upon the request of the Director of the General
Department of Land Administration and the Director of the Department of Legal
Affairs;
The Minister of Natural Resources and Environment
hereby promulgates the Circular providing guidance on details of plan for use
of land upon equitization of state enterprises; formulation and approval of
plan for use of land for public service units transformed into joint-stock
companies.
Article 1. Scope and subjects
of application
1. Scope of application:
This Decree shall prescribe:
a) The plan for use of land upon equitization of
state enterprises under the provisions of the Government’s Decree No.
126/2017/ND-CP dated November 16, 2017, regarding the transformation of state
enterprises and single-member limited liability companies of which 100% of
charter capital is held by state enterprises into joint-stock companies
(hereinafter referred to as 126/2017/ND-CP); the Government’s Decree No. 140/2020/ND-CP
dated November 30, 2020, prescribing amendments and supplements to
several Articles of the Government’s Decree No. 126/2017/ND-CP dated November
16, 2017, regarding the transformation of state enterprises and single-member
limited liability companies of which 100% of charter capital is held by state
enterprises into joint-stock companies; the Government’s Decree No.
91/2015/ND-CP dated October 13, 2015, regarding investment of state capital in
enterprises and management, use of capital and assets at enterprises and the
Government's Decree No. 32/2018/ND-CP dated March 8, 2018, prescribing
amendments and supplements to several Articles of the Decree No. 91/2015/ND-CP
(hereinafter referred to as Decree No. 140/2020/ND-CP);
b) Formulation and approval of the plan for use of
land for public service units transformed into joint-stock companies under the
provisions of the Government’s Decree No. 150/2020/ND-CP dated December 25,
2020, regarding transformation of public service units into joint-stock
companies (hereinafter referred to as Decree No. 150/2020/ND-CP).
2. Subjects of application
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Article 2. Details of the plan
for use of land upon equitization of state enterprises
1. Current conditions of management and use of land
of transformed enterprises
An equitized enterprise shall be responsible for
making a report on the current state of management and use of land that they
are managing and using till the time of enterprise valuation, and submitting it
to the governing body for its approval, including the following main contents:
a) Total area and number of land plots under their
management and in use at each commune, ward, township and assets attached to
each land plot;
b) Usage form and area of land relevant to its usage
form, including: The State allocation of land without land levies; the
State allocation of land with land levies; the State allocation or lease of
land on which exemption from payment of levies and rents is granted; the State
lease of land on which one-off payment of rents is required; the State lease of
land on which rental payments must be made on an annual basis; land acquired
through the legal transfer from other organizations and individuals;
c) Land use term (i.e. long term and residual land
use term in case of fixed-term use of land);
d) Area of land for which the certificate of land
use right has been granted; area of land that has not yet obtained a
certificate of land use right (clearly describe reasons for not yet being
granted a certificate of land use right and make recommendations);
dd) Area of land is being used for the right
purpose;
e) Area of land used for improper purposes; area
of land allocated, leased, lent, used as contributed capital, for participation
in joint venture, affiliation or cooperation in contravention of the provisions
of law; area of land in dispute, illegally encroached or occupied land; other
cases (if any);
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2. Recommendations about plans for use of land upon
equitization
Pursuant to the approved and published land use
plans and construction plans (if any) of localities; plans for rearrangement
and disposal of houses and land in accordance with law on management and use of
public property; land use plans according to the provisions of Decree No.
118/2014/ND-CP approved by competent authorities; strategies for development of
enterprises or equitized enterprises, recommendations for land use plans shall
be made, including the following information: total area, number of land plots
proposed to be retained for use; clearly describing area, types of land, form
of use, land use term of each land plot proposed to be retained for use in each
commune, ward or township.
3. Comparison of the land use plan upon
equitization with the plan on land use, construction planning (if any), the
plan on rearrangement and disposal of houses and land in accordance with law on
management and use of public property; the land use plan according to the
provisions of Decree No. 118/2014/ND-CP that has been approved by the competent
authority according to the following contents:
a) Area of land consistent with the plan on land
use, construction planning (if any), and not different from the plan on
rearrangement and disposal of houses and land approved by the competent
authority in accordance with law on management and use of public property; the
land use plan according to the provisions of Decree No. 118/2014/ND-CP;
b) Area of land inconsistent with the plan on land
use, construction planning (if any), and different from the plan on
rearrangement and disposal of houses and land approved by the competent
authority in accordance with law on management and use of public property; the
land use plan according to the provisions of Decree No. 118/2014/ND-CP that has
been approved.
c) Area of land that an enterprise is allocated,
leased or acquired through legal transfers arising from the time of approval of
the plan for rearrangement and disposal of houses and land in accordance with
the law on management and use public property, the land use plan as prescribed
in Decree No. 118/2014/ND-CP to the time of enterprise valuation.
d) Area of land not subject to the requirements for
rearrangement and disposal of houses and land in accordance with law on
management and use of public property and area of land not included in the land
use plan as prescribed in Decree No. 118 /2014/ND-CP (if any).
4. For the area of land that has been changed
compared with the plan on land use, construction plan (if any) of a locality or
different from the land use purpose according to the plan on rearrangement and
disposal of houses and land according to the provisions of law on management
and use of public property; the land use plan according to the provisions of
Decree No. 118/2014/ND-CP; the area of land that is not included in the land
use plan specified in Clause 2 of this Article, the disposal thereof shall be
governed under the provisions of Clause 15, Article 1 of Decree No.
140/2020/ND-CP.
The contents of the land use plan of the equitized
enterprise and the summary table of the contents of the land use plan shall
comply with Appendix I and Appendix II issued together with this Circular.
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1. Public service units transformed into
joint-stock companies shall formulate the plan for use of land for submission
to authorities having competence in deciding the transformation of public
service units into joint-stock companies according to the regulations of
Article 39 in the Decree No. 150/2020/ND-CP to seek their approval.
2. Contents of the land use plan for a public
service unit transformed into a joint-stock company
a) Current conditions of management and use of land
of a public service unit transformed into a joint-stock company.
The public service unit that is transformed into a
joint-stock company shall be responsible for making a report on the current
state of management and use of land, including land of its subordinate public
service units, enterprises of which 100% of the charter capital is held by the
public service unit, which is being managed and used till the time of valuation
of the transformed public service unit, using the contents specified at Points
a, b, c, d, dd , e and g Clause 1 Article 2 of this Circular.
b) Recommendation about the land use plan
Based on the approved and published plans on land
use and construction plans (if any) of localities; plans on rearrangement and
disposal of houses and land in accordance with law on management and use of
public property approved by competent authorities; scope of public services,
plans for use of land prepared using the contents specified in Clause 2,
Article 2 of this Circular must be recommended.
c) Comparing the land use plan with the plan on
land use, construction planning (if any), the plan on rearrangement and
disposal of houses and land in accordance with law on management and use of
public property that are approved by competent authorities according to the
contents prescribed in points a, b, c and d of clause 3 of Article 2 herein.
The contents of the land use plan of the public
service unit transformed into the joint-stock company and the summary table of
the contents of the land use plan shall be subject to Appendix I and Appendix
II issued together with this Circular.
Article 4. Grandfather clause
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Article 5. Entry into force
1. This Circular shall enter into force as of June
28, 2021.
2. Ministries, Ministry-level agencies,
Governmental bodies, People’s Committees of provinces and centrally-affiliated
cities and other entities, organizations or individuals concerned, shall be
responsible for implementing this Circular.
3. The General Department of Land Administration
shall be responsible for inspecting and facilitating the implementation of this
Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Minh Ngan