Joint Circular No. 21/2010/TTLT-BTNMT-BQP stipulates the management and use of training grounds and practice fields for the purpose of combat readiness, training, exercises, competitions, and sports meetings of the People's Militia Self-Defense Force and national defense and security education for students.

JOINT CIRCULAR

Regulations on the management and use of training fields and practice grounds for the purpose of combat readiness, training, exercises, competitions, and sports events for civilian defense forces and national defense education for students

Based on the Land Law dated November 26, 2003;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Pursuant to Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government guiding the implementation of the Land Law;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;

Pursuant to Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Civilian Militia and Self-Defense;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government amending and supplementing points c, d, g, h, and i Clause 5 Article 2 of Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

The Ministry of Natural Resources and Environment and the Ministry of National Defense hereby regulate the management and use of training fields and practice grounds for the purpose of combat readiness, training, exercises, competitions, and sports events for civilian defense forces and national defense education for students as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the management and use of training fields and practice grounds for the purpose of combat readiness, training, exercises, competitions, and sports events for civilian defense forces and national defense education for students.

Article 2. Applicability

1. State management agencies, specialized agencies on natural resources and environment; cadres of the land administration at commune, ward, town levels (hereinafter referred to collectively as commune level).

2. Agencies and units under the Ministry of National Defense including agencies and units directly under the Ministry of National Defense; Provincial Military Command of provinces and centrally governed cities (hereinafter referred to collectively as provincial level); District Military Command of districts, towns, and centrally governed cities within provinces (hereinafter referred to collectively as district level); Commune-level Military Command.

3. Land users; other organizations and individuals related.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Training field land is national defense land for constructing combat training facilities, serving the purposes of combat readiness, training, exercises, competitions, and sports events involving live ammunition firing and explosives usage by military forces, civilian defense forces, and national defense education for students.

2. Practice ground land is public land managed and used by the People's Committee at the commune level for the purposes of combat readiness, training, exercises, competitions, and sports events for military forces, civilian defense forces, and national defense education for students.

Article 4. Principles of coordination in managing and using training fields and practice grounds

1. National defense land for training fields shall be jointly used by military units, civilian defense forces, and national defense education for students, except in special cases prescribed by the Ministry of National Defense. The management and use of national defense land for training fields shall be carried out in accordance with laws on land.

2. In cases where national defense land does not meet the needs for serving the purposes of combat readiness, training, exercises, competitions, and sports events for civilian defense forces and national defense education for students, the People's Committee at the provincial level shall be responsible for allocating land for practice grounds and transferring it to the People's Committee at the commune level where the land is located for management and use according to the plan of the local military authority that has been approved by the competent authority.

3. Management and use of practice ground land by the People's Committee at the commune level assigned to manage and use shall be as follows:

a) It must be consistent with the commune-level land use planning and plan that have been approved by the competent state authority;

b) Outside the time period for use as a practice ground, the People's Committee at the commune level may combine organizing the exploitation and use of this land fund for other public purposes of the locality;

c) The exploitation and use of practice ground land for other public purposes of the locality shall not affect the purposes of combat readiness, training, exercises, competitions, and sports events for civilian defense forces and national defense education for students; shall not alter the terrain structure and obstruct activities related to combat readiness, training, exercises, competitions, and sports events.

4. In cases where the locality does not have sufficient land funds to serve as practice grounds, when there is a need, local military authorities at all levels may negotiate leasing land from current users for practice grounds and shall be responsible for paying rent for the land and compensation for losses caused to the land users due to leasing (if any), returning the leased land on time according to the contract signed in accordance with laws on land and civil laws.

Chapter II

MANAGEMENT AND USE OF TRAINING FIELDS AND PRACTICE GROUNDS

Article 5. Reviewing the current status and planning for defense land use as training grounds

1. The provincial military command and units using defense land as training grounds within the province shall be responsible for coordinating with the Department of Natural Resources and Environment to review the current status and planning for defense land use as training grounds within the province; propose the demand for defense land use as training grounds and report to the provincial People's Committee, Military Region, and Ministry of National Defense.

2. The review of the current status and planning for defense land use as training grounds as stipulated in Clause 1 of this Article must clearly identify the location and area of defense land used as training grounds; the location and area of defense land capable of being jointly used by main force troops, local troops, reserve forces, self-defense militia, and security education for students.

3. The review of the current status, planning, and proposal for the demand for defense land use as training grounds shall be carried out during the process of establishing and adjusting plans for land use for defense purposes.

Article 6. Reviewing the current status of land use for drill fields managed and used by the People's Committee at the commune level

1. The People's Committee at the commune level shall be responsible for reviewing the use of land for drill fields and reporting to the Department of Natural Resources and Environment, the People's Committee at the district level for consolidation and reporting to the Department of Natural Resources and Environment, the Military Command, and the People's Committee at the provincial level where the land is located. The content of the review must clearly identify the location and area of drill field land assigned and currently being used for the intended purpose; the location and area of land not being used for the intended purpose and the location and area of land that has been encroached upon.

2. Based on the results of the review of the current status of land use for drill fields as prescribed in Clause 1 of this Article, the current land fund of the locality, and the plan serving the tasks of combat readiness, training, exercises, competitions, and sports of the self-defense militia and national defense education for students of the local military authority, the competent authority will examine and approve, and the People's Committee at the commune level will propose the demand for land use for drill fields and consolidate them into the commune-level land use plan.

3. The review of the current status and proposal for the demand for land use for drill fields shall be carried out during the process of establishing and adjusting the commune-level land use plan.

Article 7. Allocation of land for drill fields

The People's Committee at the provincial level shall base its decision to allocate land for drill fields to the People's Committee at the commune level for management and use on the land use plan and the approved demand for land use for drill fields by the competent state authorities.

Article 8. Reporting system on the management and use of training ground and drill field land

1. The reporting system on the management and use of training ground land shall be implemented in accordance with the laws on land and the regulations of the Ministry of National Defense.

2. The reporting system on the management and use of drill field land allocated to the People's Committee at the commune level for management and use and leased land from current users shall be carried out as follows:

a) Annually, the People's Committee at the provincial level shall be responsible for reporting to the Ministry of Natural Resources and Environment and the Ministry of National Defense; military agencies at all levels shall be responsible for reporting to their respective People's Committees about the situation of managing and using drill field land allocated to the People's Committee at the commune level for management and use and leased land from current users;

b) The commune People's Committee shall report before January 1 of the following year; the district People's Committee shall report before January 15 of the following year; the provincial People's Committee shall report before January 31 of the following year; the Ministry of Natural Resources and Environment and the Ministry of National Defense shall be reported to before February 15 of the following year.

Chapter III

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from December 10, 2010.

Article 10. Responsibility for Implementation

1. The Director of the Land Management General Department, the Chief of the General Staff of the Vietnam People's Army, and the Commanders of the Military Regions shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. The Chairman of the People's Committee at the provincial level shall direct the management and use of training ground and drill field land in the locality according to the provisions of this Circular.

3. The Director of the Department of Natural Resources and Environment, the Commander of the Provincial Military Command shall assist the People's Committee at the provincial level; the Head of the Department of Natural Resources and Environment, the Commander of the District Military Command shall assist the People's Committee at the district level; cadres of the commune land administration, the Commander of the Commune Military Command shall assist the People's Committee at the commune level in organizing the implementation of this Circular. In the course of implementation, if there are difficulties, the agencies, organizations, and individuals concerned shall promptly reflect to the Ministry of Natural Resources and Environment and the Ministry of National Defense for consideration and resolution.

In the course of implementation, if there are difficulties, the agencies, organizations, and individuals concerned shall promptly reflect to the Ministry of Natural Resources and Environment and the Ministry of National Defense for consideration and resolution./.