Directive No. 245/TTg on organizing the implementation of urgent matters in the management and use of land for domestic organizations assigned or leased land by the State.

DIRECTIVE

ON THE ORGANIZATION AND IMPLEMENTATION OF SOME URGENT MATTERS IN THE MANAGEMENT AND USE OF LAND FOR DOMESTIC ORGANIZATIONS THAT HAVE BEEN GIVEN LAND BY THE STATE OR LEASED LAND BY THE STATE

LAND OF DOMESTIC ORGANIZATIONS THAT IS ALLOCATED AND LEASED BY THE STATE

At present, state management of land still has many weaknesses, the management and use of land by organizations are not strict enough, with low efficiency, and many negative phenomena such as arbitrary use of land, encroachment, illegal land transactions, improper collection and payment of land use fees, corruption in land management, etc., which are causing great concern throughout society and require prompt resolution.

At present, state management of land still has many weaknesses. The management and utilization of land by organizations are not strict enough, with low efficiency, and many negative phenomena such as arbitrary land use, encroachment, illegal land transactions, improper revenue and expenditure for land use, embezzlement in land management, etc., which are serious concerns of the whole society and require prompt resolution.

To gradually address these issues, bring land management and use into compliance with the law, the Prime Minister instructs relevant ministries, levels, domestic organizations that have been given land or leased land by the State to immediately implement the following urgent matters:

1. Chairmen of People's Committees of provinces and centrally-administered cities shall cooperate with the General Department of Land Administration to conduct inspections, statistics, and evaluations of the current status of land use by organizations within their jurisdictions, and report to the Prime Minister by September 1996.

In cases where organizations do not have files or measurement data for reporting, they must measure and declare the area of land currently being used according to a unified form prescribed by the General Department of Land Administration. Land management agencies shall inspect and adjust self-declared areas to complete and compile reports of provincial and centrally-administered city People's Committees to be submitted to the Prime Minister. Organizations using land that falsely declare their land use will face legal responsibility if they obstruct inspection activities.

2. All domestic organizations that have been given land by the State and now fall under the category of leaseholders as defined in the Ordinance on the rights and obligations of domestic organizations given land or leased land by the State must reapply for land leasing procedures and pay land lease fees to the State.

The General Department of Land Administration and the Ministry of Finance are responsible for prescribing and guiding land leasing procedures and payment of land lease fees.

Chairmen of People's Committees of provinces and centrally-administered cities shall organize, direct implementation, and issue decisions for organizations within their jurisdictions to lease land.

Organizations falling under the category of leaseholders must complete the land leasing procedures before September 30, 1996.

Cases where provincial and centrally-administered city People's Committees have issued decisions to allocate land with land use fees collected and used openly in the national budget from the date of promulgation of the 1993 Land Law until the date of promulgation of the Ordinance on the rights and obligations of domestic organizations given land or leased land by the State (October 14, 1994) shall temporarily refrain from reapplying for land leasing procedures but must prepare detailed statistics and report to the Government. The General Department of Land Administration shall provide detailed guidance on this matter.

3. Chairmen of People's Committees of provinces and centrally-administered cities, heads of ministries and sectors shall direct subordinate organizations to reassess their current land use needs in accordance with their current tasks and production and business requirements, and confirm the land use needs of those organizations.

a) Areas of land not fully utilized must be returned to the State. Chairmen of provincial and centrally-administered city People's Committees shall issue decisions to recover such land within their authority or report to the Prime Minister to issue recovery decisions.

b) Chairmen of provincial and centrally-administered city People's Committees shall decide to recover areas of land that have been subleased or lent to other organizations or individuals for different purposes; in cases where organizations are using the land for its intended purpose without violating planning regulations, the Chairmen of provincial and centrally-administered city People's Committees shall consider allowing them to go through the formalities for land allocation or leasing in accordance with current laws.

c) Strictly prohibit organizations from dividing land among cadres, employees for housing purposes.

From now on, provincial and centrally-administered city People's Committees shall strictly direct functional agencies to regularly inspect and take immediate and resolute measures to stop organizations that continue to arbitrarily divide land among cadres and employees for housing purposes.

For organizations that have violated land laws, illegally transferred facilities, warehouses, wharfs, or divided land among cadres and employees for housing purposes, each case must be inspected, documented, classified by level of violation, and appropriate measures proposed for reporting to the Party Committee and People's Councils of provinces and centrally-administered cities for guidance; in cases exceeding their authority, they must report to the Prime Minister for decision.

d) In cases where organizations or individuals illegally encroach on land, violate production and residential planning, decisions to recover the land and handle the situation according to the law must be made.

4. The State Inspectorate and the General Department of Land Administration shall cooperate with provincial and centrally-administered city People's Committees to organize typical inspections and audits of land use by some administrative and public service agencies and professional associations where there are many public opinions to report to the Prime Minister.

5. Land allocated by the State for public and national interest purposes must be strictly managed, used according to planning, economically, and effectively; if it is encroached upon, the organization must cooperate with local authorities to forcibly remove encroachments to use the land according to planning. It is strictly prohibited for construction units building public works to occupy parts of the land for temporary shelters and material storage as permanent residences.

6. Provincial and centrally-administered city People's Committees are responsible for directing the preparation of annual land use plans and plans to be submitted to the Prime Minister for approval as the basis for land allocation and leasing to domestic organizations in accordance with the provisions of the Land Law.

To meet the increasing housing needs of the whole society and gradually improve people's living standards, the People's Committees of provinces and centrally governed cities must urgently plan residential areas, ensuring the construction of integrated infrastructure from basic facilities to public welfare works and social services. Assign organizations with construction functions (as stipulated in Decrees No. 60/CP and 61/CP dated July 5, 1994 of the Government) to build housing for sale or rent, or after completing the infrastructure, transfer it to the people for self-construction according to the approved planning.

In the planning of new residential areas and urban development, it is necessary to ensure an appropriate proportion of land for green spaces to create an urban landscape and environment.

In the planning of new industrial zones, land must be allocated to relocate industrial enterprises producing hazardous waste out of urban areas, initially relocating enterprises near residential areas to reduce environmental pollution and impact on people's health.

7. Organizations entrusted with land by the State as mentioned in this Directive include: State agencies, political, cultural, social, scientific and technological organizations, schools, hospitals, research institutes, state-owned enterprises, enterprises under political and social organizations, defense and security enterprises, joint-stock companies, limited liability companies, collective economic organizations, etc., which are not to use the land for agricultural, forestry, aquaculture, salt production purposes.

The Ministers of Ministries, Heads of ministerial-level agencies and agencies under the Government, Chairmen of People's Committees at all levels, are responsible for directing and strictly implementing this Directive.

Organizations entrusted with land by the State have the responsibility to strictly comply with this Directive.

The Land Administration General Department is responsible for coordinating with the State Inspectorate, relevant ministries and sectors to develop plans, provide guidance, urge implementation, inspect the execution of this Directive, and report the results to the Prime Minister.