Circular No. 03/2021/TT-BTNMT guides the detailed content of land usage plans when state-owned enterprises are privatized; establishment and approval of land usage plans for public service units converting to joint-stock companies.

CIRCULAR

Guidelines for detailed land use plans when state-owned enterprises are equitized; establishment and approval of land use plans for public service units converting to joint-stock companies

The Government issues this Decree on management and development of industrial clusters.

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on the conversion of state-owned enterprises and wholly state-owned limited liability companies into joint-stock companies;

Pursuant to Decree No. 140/2020/ND-CP dated November 30, 2020 of the Government amending and supplementing certain articles of Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on the conversion of state-owned enterprises and wholly state-owned limited liability companies into joint-stock companies; Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on state capital investment in enterprises and management and use of capital and assets in enterprises; and Decree No. 32/2018/ND-CP dated March 8, 2018 of the Government amending and supplementing certain articles of Decree No. 91/2015/ND-CP;

Pursuant to Decree No. 150/2020/NĐ-CP dated December 25, 2020 of the Government on the conversion of public service units into joint-stock companies;

Pursuant to Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on the reorganization and handling of state assets;

Pursuant to Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

Pursuant to Decree No. 118/2014/ND-CP dated December 17, 2015 of the Government on restructuring, reforming, developing, and enhancing the efficiency of agricultural and forestry companies;

At the proposal of the Director General of the National Land Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular guiding detailed contents of land use plans when state-owned enterprises are equitized; establishment and approval of land use plans for public service units converting to joint-stock companies.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates on:

a) Land use plan when state-owned enterprises are equitized as prescribed in Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on the conversion of state-owned enterprises and wholly state-owned limited liability companies into joint-stock companies (hereinafter referred to as Decree No. 126/2017/ND-CP); Decree No. 140/2020/ND-CP dated November 30, 2020 of the Government amending and supplementing certain articles of Decree No. 126/2017/ND-CP dated November 16, 2017 of the Government on the conversion of state-owned enterprises and wholly state-owned limited liability companies into joint-stock companies; Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on state capital investment in enterprises and management and use of capital and assets in enterprises; and Decree No. 32/2018/ND-CP dated March 8, 2018 of the Government amending and supplementing certain articles of Decree No. 91/2015/ND-CP (hereinafter referred to as Decree No. 140/2020/ND-CP);

b) Establishment and approval of land use plans for public service units converting to joint-stock companies as prescribed in Decree No. 150/2020/ND-CP dated December 25, 2020 of the Government on the conversion of public service units into joint-stock companies (hereinafter referred to as Decree No. 150/2020/ND-CP).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

State-owned enterprises and wholly state-owned limited liability companies stipulated in Clause 3, Article 2 of Decree No. 126/2017/ND-CP and Clause 1, Article 1 of Decree No. 140/2020/ND-CP (hereinafter referred to as equitized enterprises); public service units converting to joint-stock companies stipulated in Clause 1, Article 2 of Decree No. 150/2020/ND-CP (hereinafter referred to as public service units converting) and related agencies, organizations, and individuals.

Article 2. Detailed Content of the Land Utilization Plan when State-Owned Enterprises are Equitized

1. Current Situation of Land Management and Usage of the State-Owned Enterprise to be Equitized

The state-owned enterprise being equitized shall prepare a report on the current situation of land management and usage of the enterprise it manages and uses up to the valuation date, to be submitted for approval by the supervising authority, including the following main contents:

a) Total area and number of parcels of land managed and used in each commune, ward, town and attached assets to each parcel of land;

b) Form of land use according to each form, including: land allocated by the State without payment of land use fee; land allocated by the State with payment of land use fee; land allocated and leased by the State exempted from land use fee and lease fee; land leased by the State with one-time lease fee; land leased by the State with annual lease fee; land legally transferred from other organizations and individuals;

c) Duration of land use (permanent duration, remaining duration of land use for cases with limited duration);

d) Area of land that has been issued a certificate of land use right; area of land that has not been issued a certificate of land use right (specify the reasons for not issuing a certificate of land use right and recommendations);

đ) Area of land currently used for its intended purpose;

e) Area of land used for unintended purposes; area of land illegally transferred, leased, lent, contributed as capital, joint venture, joint operation, cooperation; area of land in dispute, encroachment; other cases (if any);

g) Area not put into use.

2. Proposal for Land Utilization Plan when Equitizing

Based on the local land use plan and construction planning (if applicable) approved and published; the plan for reorganization and handling of real estate according to the laws on management and use of public assets; the land utilization plan stipulated in Decree No. 118/2014/ND-CP already approved by the competent authority; the corporate development strategy, the state-owned enterprise being equitized proposes a land utilization plan including: total area and number of parcels of land proposed to retain for use; clearly showing the area, type of land, form of use, duration of use of each parcel of land proposed to retain for use in each commune, ward, town.

3. Comparison and Verification of the Land Utilization Plan when Equitizing with the Local Land Use Plan, Construction Planning (if applicable), the Plan for Reorganization and Handling of Real Estate According to the Laws on Management and Use of Public Assets; the Land Utilization Plan Stipulated in Decree No. 118/2014/ND-CP Already Approved by the Competent Authority According to the Following Contents:

a) Area of various types of land consistent with the local land use plan, construction planning (if applicable) and without change compared to the reorganization and handling plan of real estate already approved by the competent authority according to the laws on management and use of public assets, the land utilization plan stipulated in Decree No. 118/2014/ND-CP;

b) Area of various types of land inconsistent with the local land use plan, construction planning (if applicable), with changes compared to the reorganization and handling plan of real estate according to the laws on management and use of public assets, the land utilization plan stipulated in Decree No. 118/2014/ND-CP already approved;

c) Area of land allocated, leased to the enterprise, received through legal transfer according to the laws arising after the approval of the reorganization and handling plan of real estate according to the laws on management and use of public assets, the land utilization plan stipulated in Decree No. 118/2014/ND-CP until the valuation date of the enterprise;

d) Area of land not subject to reorganization and handling of real estate according to the laws on management and use of public assets and area of land not included in the land utilization plan stipulated in Decree No. 118/2014/ND-CP (if any).

4. For the area of land changed compared to the local land use plan, construction planning (if applicable) or different from the intended use of land according to the reorganization and handling plan of real estate according to the laws on management and use of public assets; the land utilization plan stipulated in Decree No. 118/2014/ND-CP; the area not included in the land utilization plan stipulated in Clause 2 of this Article, the handling shall be carried out according to Clause 15 of Article 1 of Decree No. 140/2020/ND-CP.

The Content of the Land Utilization Plan of the State-Owned Enterprise Being Equitized and the Summary Table of the Content of the Land Utilization Plan Shall Be Implemented According to Appendix I and Appendix II Issued Together With This Circular.

Article 3. Establishing and Approving Land Utilization Plans for Public Service Units Transitioning to Joint Stock Companies

1. Public service units transitioning to joint stock companies shall be responsible for establishing land utilization plans to submit to the competent authority for decision on the transition of public service units to joint stock companies in accordance with Article 39 of Decree No. 150/2020/NĐ-CP.

2. Contents of the land utilization plan for public service units transitioning to joint stock companies

a) Current situation of land management and utilization of public service units transitioning to joint stock companies

Public service units transitioning to joint stock companies shall be responsible for preparing reports on the current status of land management and utilization, including land of subordinate public service units and enterprises wholly owned by public service units that are currently managing and utilizing, up to the time of determining the value of the public service unit being converted, in accordance with the contents stipulated in points a, b, c, d, đ, e, and g of Clause 1 of this Circular.

b) Proposing land utilization plans

Based on the land use planning and construction planning (if applicable) of the locality that have been approved and announced, and the plan for reorganization and handling of houses and land according to the laws on management and utilization of state assets that have been approved by the competent authority, propose land utilization plans in accordance with the contents stipulated in Clause 2 of this Circular based on the field of activity providing public services.

c) Comparing and contrasting the land utilization plan with the land use planning, construction planning (if applicable), and the plan for reorganization and handling of houses and land according to the laws on management and utilization of state assets that have been approved by the competent authority in accordance with the contents stipulated in points a, b, c, and d of Clause 3 of this Circular.

The land utilization plan of public service units transitioning to joint stock companies and the Summary Table of the land utilization plan shall be implemented in accordance with Appendix I and Appendix II attached to this Circular.

Article 4. Transitional Provisions

In cases where a land utilization plan must be established during the process of converting to a joint stock company as prescribed in Decree No. 140/2020/NĐ-CP and Decree No. 150/2020/NĐ-CP, if the land utilization plan for conversion to a joint stock company has already been approved by the competent state agency, it shall continue to be implemented according to the approved plan; if not yet approved, it must be implemented in accordance with this Circular.

Article 5. Implementation Provisions

1. This Circular takes effect from June 28, 2021.

2. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-administered cities, and related agencies, organizations, and individuals are responsible for implementing this Circular.

3. The National Land Administration is responsible for inspecting and urging the implementation of this Circular./.

Appendix I

Land Utilization Plan of Enterprises Being Converted to Joint Stock Companies/Public Service Units Transitioning to Joint Stock Companies
(Annexed to Circular No. /2021/TT-BTNMT dated month day year 2021 issued by the Minister of Natural Resources and Environment)

PART I. OVERVIEW OF THE ENTERPRISE/PUBLIC SERVICE UNIT

1. Enterprise name/public service unit name.

2. Enterprise name/public service unit name after shareholding reform.

3. Main office address.

4. Decision approving the restructuring plan and handling of real estate in accordance with the laws on management and use of state assets or land use plan as prescribed in Decree No. 118/2014/NĐ-CP has been approved.

PART II. CURRENT STATUS OF LAND MANAGEMENT AND USE BY THE SHAREHOLDER REFORMED ENTERPRISE/PUBLIC SERVICE UNIT IMPLEMENTING TRANSFORMATION INTO A JOINT STOCK COMPANY

PART III. PROPOSAL FOR LAND USE PLAN

PART IV. COMPARISON AND CROSS-REFERENCE OF THE LAND USE PLAN WITH THE URBAN PLANNING, LAND USE PLAN, URBAN DEVELOPMENT PLAN (IF ANY), RESTRUCTURING AND HANDLING PLAN OF REAL ESTATE IN ACCORDANCE WITH THE LAWS ON MANAGEMENT AND USE OF STATE ASSETS, LAND USE PLAN AS PRESCRIBED IN DECREE NO. 118/2015/NĐ-CP

PART V. PETITION