Resolution No. 132/2020/QH14 on piloting certain policies to address difficulties and backlog in the management and use of defense and security land combined with production and construction activities.

RESOLUTION

Pilot certain policies to resolve difficulties and backlog

in management and use of defense and security land combined

with production and economic construction activities

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

WHEREAS The Agricultural Land Use Tax Law of 1993;No. 80/2015/QH13;

RESOLUTION:

Article 1. Scope of Regulation

This Resolution stipulates pilot policies to resolve difficulties and backlog in management and use of defense and security land combined with labor production and economic construction activities, including: principles and land use regimes; responsibilities, rights, and obligations of relevant agencies, organizations, and individuals; handling of projects and contracts already implemented and use of defense and security land by enterprises undergoing shareholding and divestment.

Article 2. Applicability

5. Within 18 months from the date this Decree takes effect, units, military and public security enterprises currently using defense and security land combined with labor production and economic construction activities must complete the review and prepare land use plans or project handling plans, land lease contracts, or joint venture and cooperation contracts that have been implemented (hereinafter collectively referred to as handling plans) and submit them to the competent authority for approval in accordance with Resolution No. 132/2020/QH14 and this Decree.

REGIME OF LAND USE FOR DEFENSE AND SECURITY COMBINED WITH LABOR PRODUCTION AND ECONOMIC CONSTRUCTION ACTIVITIES

3. State agencies, other organizations, and individuals related.

Article 3. Principles for using defense and security land combined with labor production and economic construction activities

1. The use of defense and security land must ensure service to military, defense, and security tasks primarily; when used in combination with labor production and economic construction activities, it must be strictly managed, used for the intended purpose effectively, and not affect the performance of military, defense, and security tasks.

2. Defense and security land used in combination with labor production and economic construction activities must follow the land use plan and scheme approved by competent authorities.

3. Only units and enterprises of the military and public security specified in Clause 1 and Clause 2 of Article 2 and entities permitted to continue using defense and security land under Article 7 of this Resolution may use defense and security land in combination with labor production and economic construction activities.

4. Defense and security land shall not be used as capital contribution through land use rights to implement joint venture or joint operation contracts.

5. Agencies, organizations, and individuals violating laws in the management and use of defense and security land combined with labor production and economic construction activities shall bear responsibility and be subject to legal sanctions.

Article 4. Land use regime for defense and security land combined with labor production and economic construction activities

1. Military and public security units and enterprises when using defense and security land within the land use plan and scheme for combining with labor production and economic construction activities must prepare a land use plan to submit for approval by the Minister of National Defense and the Minister of Public Security. The land use plan includes the following main contents:

a) Location, boundary, area, current land use status, and property attached to the land assigned;

b) Location, area of land, content, duration of land use combined with labor production and economic construction activities;

c) Impact on the implementation of military, defense, and security tasks and socio-economic development;

d) Cases of terminating land use combined with labor production and economic construction activities before the deadline; plan for handling property created to serve labor production and economic construction activities in cases of early termination;

đ) Organizational implementation solutions.

2. Using defense and security land combined with labor production and economic construction activities to organize labor, education, re-education, training, supplementary production to improve living standards, and后勤部分已经翻译完成，以下是剩余部分的翻译：

3. When using defense and security land combined with labor production and economic construction activities not falling under the provisions of Clause 2 of this Article, annual land use fees must be paid. Annual land use fees are determined based on the area of land used, specific land prices according to laws on land, and the ratio of income outside military, defense, and security tasks.

4. Revenue from the provisions set out in Clause 6 of Article 5 of this Resolution must be fully and promptly remitted to the state budget and a budget revenue and expenditure plan must be prepared in accordance with the State Budget Law, prioritizing funding for military, defense, and security tasks and resolving backlog and benefits for subjects when restructuring military and public security enterprises.

5. The Government shall provide detailed regulations on this matter.

Article 5. Responsibilities of the Minister of National Defense and the Minister of Public Security in managing and using defense and security land in combination with labor production and economic construction activities.

1. Submit to competent authorities or issue according to their authority and organize the implementation of regulatory legal documents on the management and use of defense and security land in combination with labor production and economic construction activities.

2. Approve or terminate plans for the use of defense and security land in combination with labor production and economic construction activities; plans for handling projects, land lease contracts, or joint venture and cooperation contracts implemented before this Resolution takes effect.

3. Organize the review, establishment, and adjustment of planning and plans for the use of defense and security land, ensuring long-term reserves of land for military, defense, and security tasks, and implement as follows:

a) For areas of land with significant economic value that are no longer needed for military, defense, and security tasks, they must report to the Prime Minister for consideration and decision regarding the change of land use purpose to cooperate with the provincial People's Committee to organize public auctions of land use rights.

The area of land with significant economic value referred to herein is an area with a value of 500 billion VND or more, calculated based on the land price in the land price list issued by the provincial People's Committee according to the intended use shown in the approved planning.

b) For areas of land that are no longer needed for military, defense, and security tasks, they shall be transferred to the provincial People's Committee for economic and social development and managed in accordance with the provisions of the law, except for cases stipulated in point a of this clause.

4. Organize the establishment of plans for the reorganization and handling of real estate at enterprises implementing shareholding and divestiture according to the provisions of the law.

5. Coordinate with the provincial People's Committee to organize public auctions of land use rights and attached assets according to the approved reorganization and handling plans of real estate in accordance with the provisions of the law.

6. Organize the collection and payment into the state budget of the following amounts:

a) Annual land use fees when using defense and security land in combination with labor production and economic construction activities as prescribed in this Resolution;

b) Revenue from public auctions of land use rights and attached assets as prescribed by the law;

c) Revenue from shareholding and divestiture of state capital at military and police enterprises as prescribed by the law.

7. Organize the preparation of state budget expenditure estimates for military, defense, and security tasks, resolution of outstanding issues, and policies for affected parties when reorganizing military and police enterprises from the revenue specified in Clause 6 of this Article, in accordance with the procedures and formalities prescribed by the state budget law.

Article 6. Rights and Obligations of Units and Enterprises of the Military and Public Security Using Defense and Security Land in Combination with Labor Production and Economic Construction Activities

1. Have the right to use defense and security land and attached assets to carry out labor production and economic construction activities in accordance with the approved plan.

2. Enjoy the fruits of labor and investment results on the land.

3. Shall not be compensated for land and attached assets when the Minister of National Defense or the Minister of Public Security decides to terminate the plan for the use of defense and security land in combination with labor production and economic construction activities to serve military, defense, and security tasks.

4. Pay annual land use fees as prescribed in this Resolution.

5. Shall not transfer, gift, lease land use rights; shall not mortgage or contribute land use rights as capital; shall not arbitrarily change the purpose of land use.

6. Shall not transfer, gift, lease, mortgage, or contribute attached assets.

Article 7. Handling defense and security land for projects, land lease contracts, joint venture and cooperation contracts that have been implemented, and for state-owned enterprises undergoing shareholding reform and divestment.

1. The Ministry of National Defense and the Ministry of Public Security shall direct military units, military enterprises, public security organizations, and individuals currently using defense and security land to review and assess the effectiveness of projects, joint venture and cooperation contracts implemented before this Resolution takes effect regarding national defense, security, economic and social benefits, and environmental impact; prepare a review report and propose handling solutions.

2. For projects, joint venture and cooperation contracts with violations and inefficiencies, terminate, liquidate, and recover such projects and contracts; military units, military enterprises, organizations, and individuals must implement approved handling solutions and thoroughly address existing violations.

3. For projects, joint venture and cooperation contracts that are effective, consistent with local planning, and meet military, national defense, and security requirements, they may continue to be implemented until the end of their contractual terms and according to the following provisions:

a) In cases where multiple organizations and individuals jointly implement projects, joint venture and cooperation contracts but some violate their commitments, cooperation must be terminated with those violating parties.

b) In cases where projects, joint venture and cooperation contracts involve the rights and interests of multiple parties, consideration should be given to allowing the directly involved parties to continue implementation.

c) In cases where foreign partners are involved in implementing military, national defense, and security tasks through projects, joint venture and cooperation contracts, these may continue to be implemented according to signed agreements.

d) In cases where assets attached to land leased under projects, joint venture and cooperation contracts have been signed, they may continue to be implemented until the end of the contractual term.

đ) In cases where projects, joint venture and cooperation contracts continue to be implemented but the State recovers the land earlier than stipulated in the project and contract for socio-economic development in the national interest and public benefit, compensation for the land will not be provided, but compensation for the remaining value of the attached assets will be granted.

e) When the term of projects, joint venture and cooperation contracts expires, they cannot be extended.

4. The reorganization and handling of houses and land when implementing shareholding reform and divestment shall be carried out according to the following provisions:

a) For land areas no longer needed for military, national defense, and security tasks, they shall be removed from the defense and security land planning and transferred to the management and use of the provincial People's Committee.

b) For land areas essential for military, national defense, and security tasks, they shall be handled according to the approved reorganization and handling plan for houses and land.

c) For land use and lease contracts signed by the Ministry of National Defense and the Ministry of Public Security with military enterprises and public security enterprises that have undergone shareholding reform and divestment before this Resolution takes effect, if the land area needs to be reserved long-term for military, national defense, and security tasks, they may continue to be implemented until the end of the contract term.

5. For land lease contracts and joint venture and cooperation contracts signed before this Resolution takes effect but without payment of land use fees, the Ministry of National Defense and the Ministry of Public Security shall collect land use fees according to the signed land lease contracts and joint venture and cooperation contracts and pay them into the state budget, but not less than the annual land use fee stipulated in this Resolution at the time of determining the obligation to pay the land use fee.

6. The Government shall provide detailed regulations for this Article.

Article 8. Implementation clause

1. This Resolution takes effect from February 1, 2021, and ceases to be effective when the amended Land Law No. 45/2013/QH13 comes into force.

2. In cases where there are different provisions between this Resolution and other laws and resolutions of the National Assembly promulgated before this Resolution takes effect concerning the same issue in the management and use of defense and security land combined with labor production and economic construction activities, the provisions of this Resolution shall apply.

3. The Government shall be responsible for organizing the implementation of this Resolution.

4. The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, the National Assembly deputies, the People's Councils at all levels, the Vietnam Fatherland Front Central Committee, and its member organizations within their respective duties and powers shall supervise the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth session, tenth meeting on November 17, 2020.IV, the tenth session, tenth meeting on November 17, 2020.