Directive No. 129/TTg on handling violations of laws on land management in Ho Chi Minh City

DIRECTIVE

OF THE PRIME MINISTER

On handling violations of laws on land management in Ho Chi Minh City

_________________________

After considering the protest of the Supreme People's Procuracy No. 1801/KSTTPL dated November 10, 1995 regarding the implementation of laws on land management in Ho Chi Minh City.

To address and handle specific violations of land management in recent times, gradually bringing land management into compliance with the law, the Prime Minister requests the Ho Chi Minh City People's Committee, relevant Ministries, and sectors to immediately carry out the following tasks:

1. The Minister of Construction shall establish a government working group to assist the Ho Chi Minh City People's Committee in reviewing the specific handling of violations of laws on land management and use in the city according to Directive No. 77/CT dated March 9, 1992 of the Chairman of the Council of Ministers (now the Prime Minister) and protest No. 1801/KSTTPL dated November 10, 1995 of the Supreme People's Procuracy.

The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Defense, the State Inspectorate, and the General Department of Land Administration have the responsibility to send officials to participate in the government working group.

Specific handling of violations as follows:

a. Based on Decision No. 20/TTg dated January 16, 1993 of the Prime Minister approving the overall urban planning of Ho Chi Minh City until 2010, the Ho Chi Minh City People's Committee shall submit to the Prime Minister for approval the annual land use plans to serve as the basis for allocating and leasing land according to the provisions of the Land Law.

b. The act of the Ho Chi Minh City People's Committee delegating land allocation authority to district and county people's committees and departments to approve economic and technical feasibility studies for some small projects and limited liability companies contravenes Decree No. 385/HĐBT dated November 7, 1990 of the Council of Ministers and shall be handled as follows:

- Review all land allocation and lease files for domestic organizations whose economic and technical feasibility studies were approved by the chairmen of district and county people's committees and directors of related departments. If the projects developed based on approved feasibility studies, they must be halted and new feasibility studies must be conducted within the authorized scope. Projects that comply with approved feasibility studies will be accepted.

- Such delegation must be considered as a delegation of authority from the Chairman of the Ho Chi Minh City People's Committee to meet the actual situation of economic development in the city. Chairmen of districts and counties and directors of specialized departments must bear responsibility before the Chairman of the Ho Chi Minh City People's Committee for the delegated tasks.

c. In addition to cases of land allocation exceeding authority that the Supreme People's Procuracy has protested, the Ho Chi Minh City People's Committee shall organize reviews and inspections to identify cases of land allocation exceeding authority. For these cases, if deemed appropriate with current planning and policies, the procedures shall be re-conducted and submitted to the Prime Minister for decision.

d. Due to urgent needs in the past, the Ho Chi Minh City People's Committee allocated land to district and county construction management boards as project leaders. Now, the Ho Chi Minh City People's Committee shall review and direct each construction management board to fulfill their assigned functions properly. From now on, land shall be uniformly allocated to project leaders in accordance with current regulations.

e. In cases where organizations and enterprises transfer premises and land to each other and the Ho Chi Minh City People's Committee has issued decisions to legitimize or approve such transfers, the following measures shall be taken:

Apart from assets valued according to current regulations, the origin of the land must be clearly identified, and the value of the land use right (after deducting the investment cost for infrastructure development...) must be determined. If the land is used for production and business purposes, it shall be recognized and recorded as part of the asset capital of the unit. If the unit uses the land improperly and illegally, it must be recovered and paid into the state budget.

g. Regarding land invested in joint ventures with foreign entities:

Review all projects with foreign investment capital in the city (100% foreign capital projects, joint venture projects, business cooperation projects) and require project leaders to follow legal procedures for land leasing, pay full land lease fees into the state budget, or record debts according to the regulations of the Ministry of Finance.

Assign specific management responsibilities among the Departments of Planning and Investment, Finance, Land Administration, and the Taxation Bureau of the city to monitor the calculation and collection of land fees and recording of land lease debts for investment projects, and specify the coordination between these units in managing and collecting land lease fees. The Ministry of Finance shall provide detailed guidance on the implementation of land lease fee payments by these organizations.

h. Regarding the management of defense land in the city, assign the Ho Chi Minh City People's Committee to work specifically with the Ministry of Defense to comprehensively tally and document the land area managed and used by defense units in the city, including planning and usage plans for defense land, ensuring national defense and security strategies, while also aligning with the modern urban development plan; the Ministry of Defense and the Ho Chi Minh City People's Committee shall promptly submit to the Prime Minister for approval the planning of defense land in the city and the solution for housing land for military families and defense personnel according to the plan.

- The Ministry of Defense shall inspect all defense land transferred for use in the city, settle the amount received from transferring land use rights as protested by the Supreme People's Procuracy. Inspect the standards and area of land allocated to officers and soldiers for housing to ensure compliance with current regulations and fairness; henceforth, stop the practice of defense units independently allocating defense land for housing for officers and soldiers.

i. At present, warehouse and wharf land within the city's territory is managed by various organizations and units from different sources. The People's Committee of the city organizes inspections, statistics, and grasps the area of warehouse and wharf land currently being used by these organizations and units (both central and local), and needs to be reasonably planned to serve the development of the national and city economy and society. For areas of warehouse and wharf land that are being wasted or illegally leased, the Chairman of the People's Committee of the city must issue a decision to reclaim and reassign or report to the Prime Minister for a decision.

k. The People's Committee of the city organizes inspections on cases where the People's Committee of the city has decided to exempt or reduce compensation for land damage without complying with Decision No. 186/CT dated May 31, 1990 of the Chairman of the Council of Ministers (now the Prime Minister). Decisions to exempt, reduce, or compensate for land damage based on actual circumstances and in compliance with current regulations in Government Decree No. 89/CP dated August 17, 1994 shall be accepted; if any exemption or reduction decision is incorrect, it must be revoked and the land use fee recovered and paid into the State budget.

l. The collection and expenditure of fees for land allocation, land transfer, and construction permits shall be handled as follows:

- The People's Committee of the city needs to coordinate with the Ministry of Finance to unify management of revenue and expenditure, not contrary to current regulations, to support part of the state's service expenses to facilitate the rapid and thorough handling of land allocation and construction permit issuance procedures.

- Inspect the use of these fees at the Department of Land Administration and the Office of the Chief Architect of the city. If a portion of the collected funds is used for workplace renovation and purchasing necessary equipment, it will be considered as state budget investment and recorded as the unit's assets. If wasteful or corrupt use is found, it must be firmly reclaimed and paid into the state budget. All budget expenditures must comply fully with current financial procedures.

m. Strictly inspect and enforce the payment of preliminary registration fees according to current regulations at the time of collection.

n. Fully collect land use fees into the state budget in cases of land transfer with land use fees. Specific cases of delayed payment of land use fees, as decided by the People's Committee of the city, and special cases, which are reported to the Prime Minister for decision, shall be considered.

o. Clarify the inspection and accounting of income and expenditure, increase in asset capital, and settlement of house valuation, sale of unclaimed property, proceeds from the sale of factories and fixed state assets, as per the protest of the Supreme People's Procuracy, to report to the Prime Minister.

p. The establishment of a foreign currency fund by the city since 1982 is inconsistent with state regulations and must be abolished. The People's Committee of the city must clearly explain the purpose of establishing this fund, the results of its income and expenditure, to report to the Prime Minister.

q. The People's Committee of Ho Chi Minh City must proceed to revoke decisions made by the city and district People's Committees that contravene the 1993 Land Law and current laws, promptly issuing synchronized regulations to guide the implementation of government decrees on land within the city's jurisdiction. Any remaining unresolved issues should be specifically addressed by the city's People's Committee with relevant sectors to report to the Prime Minister for decision.

2. By the end of the second quarter of 1996, the People's Committee of Ho Chi Minh City must complete individual responsibility reviews of leaders responsible for violations of land laws, propose forms and measures for handling, and report to the Prime Minister. Simultaneously, the People's Committee must direct relevant departments and district People's Committees to review and handle individuals who have violated the law according to their authority.

3. The People's Committee of Ho Chi Minh City is responsible for coordinating with the Ministry of Construction, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Defense, the State Inspectorate, the General Department of Land Administration, and the Government Working Group to strictly implement this Directive and report to the Prime Minister by July 1996.

4. The People's Committee of Ho Chi Minh City assigns responsible agencies of the city to organize inspections and checks on the implementation of the Land Law in remaining areas, take decisive measures to swiftly restore order and discipline in land management and use according to the law, and report the results to the Prime Minister.