Joint Circular No. 2708/TT-LT guiding the implementation of Decree No. 09/CP dated February 12, 1996 of the Government on the regime for managing and using defense and security land.

 

JOINT CIRCULAR

Guidelines for Implementing Decree No. 09/CP dated February 12, 1996 of the Government on the regime of management and use of land for national defense and security
Pursuant to the Law on Issuing Legal Normative Documents dated November 12, 1996;
Pursuant to Article 65 of the Land Law 1993;
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Pursuant to Decree No. 09/CP dated February 12, 1996 of the Government on the regime of management and use of land for national defense and security;

The Ministry of National Defense, the Ministry of Home Affairs, and the General Department of Land Administration provide guidelines for implementing Decree No. 09/CP as follows:

1. These Circulars guide the implementation of Decree No. 09/CP dated February 12, 1996 of the Government on the regime of management and use of land for national defense and security.

2. Land for national defense and security is special-use land, which the State allocates to military units for use in the purposes specified in Clause 1 of Article 65 of the Land Law and Clause 2 of Article 2 of Decree No. 09/CP.

Part One:

GENERAL PROVISIONS

3. Land used for industrial, scientific, and technical works serving national defense and security such as production, repair of weapons, equipment, and specialized items for national defense and security, or land belonging to these works that combines part of its use for economic and social purposes by defense and security units is land for national defense and security.

4. Land used by defense and security enterprises specializing in civilian production and business products serving daily life, operating restaurants and hotels, land transferred for joint ventures with foreign countries for economic purposes, and land for family housing of military personnel are not land for national defense and security.

5. Military units allocated land as stipulated in Article 4 of Decree No. 09/CP are units named in the land allocation decision or land use right certificate, including:

a. For units under the Ministry of National Defense: All General Departments, Military Regions, Corps, Services, Border Guard Command, Academies, and Schools directly under the Ministry of National Defense, and other affiliated agencies and units. Hereinafter referred to collectively as units directly under the Ministry of National Defense.

The Provincial People's Committee Command is also a unit named in the land allocation decision and land use right certificate.

b. For units under the Ministry of Home Affairs: All General Departments, Schools, Academies directly under the Ministry of Home Affairs, Prison Management and Reform Bureau, Public Security Province, and municipalities directly under the Central Government. Hereinafter referred to collectively as units directly under the Ministry of Home Affairs.

Units named in the land allocation decision or land use right certificate and units directly using the land must fully perform their rights and obligations according to the provisions of the land law.

I. PLANNING AND PLAN FOR THE USE OF LAND FOR NATIONAL DEFENSE AND SECURITY.

A. GENERAL PLANNING AND PLAN.

Part Two:

SPECIFIC PROVISIONS

1. The Ministry of National Defense establishes general planning and plans for the use of land for national defense throughout the country and within each Military Region, to be submitted to the Prime Minister for approval.

The Ministry of Home Affairs establishes general planning and plans for the use of land for security throughout the country and within each province and municipality directly under the Central Government, to be submitted to the Prime Minister for approval.

2. The contents of general planning and plans include: determining the number of locations for military units or construction sites for national defense and security tasks; determining the total area of land for national defense and security and clearly defining the specific purpose of each type of land as prescribed in Clause 1 of Article 65 of the Land Law and Clause 2 of Article 2 of Decree No. 09/CP; determining the number of locations using land and the area transferred to localities.

3. The Ministry of National Defense and the Ministry of Home Affairs work with provincial and municipal people's committees regarding the content of planning and plans for the use of land for national defense and security in each locality. The General Department of Land Administration organizes a review before submitting to the Prime Minister for approval.

B. DETAIL PLANNING AND PLAN.

1. Decision on stationing and construction site:

a. Units using land or construction sites for national defense and security must have a stationing decision or construction site decision from the competent authority as stipulated in Point 3, Clause B, Part I of this Circular.

b. The stationing location and construction site decision must clearly state the name of the unit stationed or the name of the construction project, the location of the land plot, the area of land, and the purpose of use.

c. The attached drawings must include a floor plan and boundary map of the land plot at the scale specified in Point 3, Part II of this Circular, along with a copy of the land position map at a scale of 1/25,000 to 1/50,000. The floor plan and boundary map may be drawn from the cadastral map or measured by survey units in the military or public security forces.

2. Based on the general planning and plans already approved by the Prime Minister and the stationing decisions and construction site decisions from the competent authorities, units under the Ministry of National Defense and the Ministry of Home Affairs establish detailed planning and plans for the use of land within their jurisdiction and use.

The contents of detailed planning and plans include: specifying the boundaries, areas, and functional zones of land use for each land-using unit; forecasting changes and adjustments to the planning and use of land during each period to align with assigned tasks.

Detailed planning and plans are presented on a cadastral map of the land plot at the scale specified in Point 3, Part II of this Circular. The map title is "Land Planning and Functional Zone Map."

3. Authority to approve detailed planning and plans for land use and stationing and construction site decisions:

a. The Minister of National Defense approves detailed planning and plans for land use by units under the Ministry of National Defense.

The General Staff of the Ministry of National Defense decides on the stationing locations and construction sites for units from infantry regiments, technical battalions, and equivalent units upwards. Unit heads under the Ministry of National Defense decide on the stationing locations and construction sites for units from infantry battalions, technical companies, and equivalent units downwards.

b. The Minister of Home Affairs approves detailed planning and plans for land use and stationing locations and construction sites for all public security units.

The General Staff of the Ministry of National Defense decides on the location of garrisons and construction sites for units at or above the level of infantry regiments, technical weapons battalions, and equivalent units. The heads of subordinate units under the Ministry of National Defense decide on the location of garrisons and construction sites for units at or below the level of infantry battalions, technical weapons companies, and equivalent units.

b. The Minister of Public Security reviews the land use planning, detailed plans, and the location of garrisons and construction sites for units within the entire People's Internal Security Force.

The Chairman of the People's Committee of the province or centrally governed city shall examine and approve the land planning and utilization plans of units under the provincial public security force after consultation with the Ministry of Home Affairs.

II. LAND SURVEY FOR NATIONAL DEFENSE AND SECURITY

1. Land survey for national defense and security must be carried out strictly according to the procedures and technical regulations issued by the General Department of Land Administration. For defense and security facilities requiring confidentiality, only boundary lines and necessary markers within the area can be surveyed to ensure compatibility with the local cadastral map.

The following types of land may be fully surveyed: land used for hospitals, convalescent homes, cultural and sports facilities.

2. Surveying land for national defense and security purposes to create cadastral maps for land allocation and issuance of land use right certificates for defense and security purposes shall be conducted by agencies and units with legal status for surveying and mapping from central ministries (including those of the military and police) and localities, and must be confirmed by the Department of Land Administration.

3. The scale of cadastral maps serving land allocation and issuance of land use right certificates for national defense and security is specified as follows:

a. Area less than 1 hectare: scale 1/500.

b. Area from 1 to 10 hectares: scale 1/1,000.

c. Area from 10 to 200 hectares: scale 1/2,000.

d. Area from 200 to 500 hectares: scale 1/5,000.

e. Area over 500 hectares: scale 1/10,000.

III. ISSUANCE OF LAND USE RIGHT CERTIFICATES FOR NATIONAL DEFENSE AND SECURITY

1. Documents required for requesting issuance of land use right certificates for national defense and security include:

- Application for issuance of land use right certificate.

- Decision of the Prime Minister approving the land planning for national defense in the Military Region and for security in the province or centrally governed city.

- Decision on stationing or construction site by the competent authority.

- Map delineating the boundaries of the land under the unit’s use rights, confirmed by the People's Committee at the commune or district level.

2. Procedures for requesting issuance of land use right certificates for national defense and security are as follows:

a. After completing the documents as stipulated in Point 1 of Section III of this Circular, the unit using land for national defense and security shall submit two sets of documents to the Department of Land Administration.

b. Within thirty days from receipt of complete documents, the Department of Land Administration shall review the documents and submit them to the Provincial People's Committee for issuance of the land use right certificate to the unit.

c. Within twenty days from submission of the documents by the Department of Land Administration, the Chairman of the Provincial People's Committee shall issue a decision.

3. The name of the land user in the land use right certificate shall be written as follows:

- Write the name of the unit under the Ministry of National Defense or the Ministry of Public Security first, followed by the name of the direct user unit in parentheses.

- Example: Military Region I or Logistics General Department/Ministry of Public Security (Division...) (Depot...)

(Division...) (Depot...)

4. In cases where the land area is large and cannot be fully reflected in the land use right certificate, the Department of Land Administration shall be responsible for extracting three copies of the cadastral map to accompany the land use right certificate for the unit.

5. Where people's armed forces units have been assigned land for national defense and security purposes by the Prime Minister, the provincial or centrally governed city People's Committee shall simultaneously issue land use right certificates to these units.

IV. RECOVERY OF LAND FOR NATIONAL DEFENSE AND SECURITY

1. The State shall recover land for national defense and security in the following cases:

a. After reviewing the planning, the Ministry of National Defense or the Ministry of Public Security proposes to return unused land to the State.

b. Land for national defense and security has been transferred back to localities by the Ministry of National Defense or the Ministry of Public Security for economic and social development projects.

c. People's armed forces units that violate provisions of Article 26 of the Land Law shall have their land recovered upon recommendation by the provincial or centrally governed city People's Committee to the Government.

2. Authority to decide on recovery of land for national defense and security shall be implemented in accordance with the Land Law of 1993 and Decree No. 09/CP dated February 12, 1996 of the Government.

3. The authority to recover land for national defense and security as specified in Point 2 above shall issue a notice of land recovery six months prior to making a decision to recover the land.

4. Procedure and process for land recovery:

a. The Ministry of National Defense, the Ministry of Public Security, and the provincial or centrally governed city People's Committee shall request the competent authority as stipulated in Point 2 of Section IV of this Circular to make a decision to recover the land.

b. Upon receiving the decision to recover and allocate land, the organization receiving the land shall work with the unit under the Ministry of National Defense or the Ministry of Public Security managing the land being recovered regarding compensation for assets and crops on the land (if any) in accordance with the law. The unit under the Ministry of National Defense or the Ministry of Public Security shall report to the Ministry of National Defense or the Ministry of Public Security on the compensation.

c. Based on the decision to recover the land, the Ministry of National Defense or the Ministry of Public Security shall transfer the land to the new recipient, conduct on-site handover of boundary markers, witnessed by representatives of local authorities.

V. TRANSFER OF PURPOSE OF USE OF LAND FOR NATIONAL DEFENSE AND SECURITY AND APPLICATION FOR NEW ALLOCATION OF LAND

1. Transfer of land for national defense and security for other uses in the following cases:

a. Conversion to economic activities or joint ventures with domestic and foreign organizations for business purposes.

b. Conversion to residential land.

c. Return land to the locality.

2. The transfer of land for national defense and security for the purposes mentioned in Point 1 above and annual plans for new land allocation must comply with land planning, utilization plans, economic and social development plans, and security requirements of the locality and shall be carried out as follows:

a. The Ministry of National Defense and the Ministry of Public Security shall prepare plans for transferring land for national defense and security to other uses and plans for new land allocation and submit them to the provincial or centrally governed city People's Committee.

b. The provincial People's Committee, the municipal People's Committee under the central government shall issue a written response to the Ministry of National Defense and the Ministry of Public Security, simultaneously reporting to the Prime Minister on the contents related to the plan to transfer defense and security land for other purposes and the new land requisition plan of the Ministry of National Defense and the Ministry of Public Security.

c. The Ministry of National Defense and the Ministry of Public Security shall compile the plan to transfer defense and security land for other purposes and the new land requisition plan nationwide, report to the Prime Minister and the General Department of Land Administration.

d. Within sixty days from the date of receipt of the report, the General Department of Land Administration shall organize the review of the plan to transfer defense and security land for other purposes and the new land requisition plan of the Ministry of National Defense and the Ministry of Public Security nationwide, submit to the Prime Minister for approval.

3. Based on the Prime Minister's approval of the plan to transfer defense and security land for other purposes, the people's armed forces units that are transferred for land use purpose shall prepare the application for changing the land use purpose for each specific case. The application includes:

a. Application for changing the land use purpose submitted by the unit under the Ministry of National Defense or the Ministry of Public Security to the provincial People's Committee.

b. Project and investment decision or investment permit issued by the competent state agency (for projects requiring project preparation).

c. Land registry map of the area requesting change of land use purpose.

4. Application for allocation of new land for national defense and security purposes:

The application for allocation of new land for national defense and security purposes shall be carried out according to Article 10 of Decree 09/CP, including:

a. Application for allocation of land prepared by the unit under the Ministry of National Defense or the Ministry of Public Security and sent to the provincial People's Committee, simultaneously sent to the Ministry of National Defense and the Ministry of Public Security.

b. Official letter requesting allocation of land from the Ministry of National Defense or the Ministry of Public Security to the Prime Minister, simultaneously sent to the provincial People's Committee and the General Department of Land Administration.

c. Opinion on land allocation from the provincial People's Committee to the Prime Minister, simultaneously sent to the General Department of Land Administration and the Ministry of National Defense and the Ministry of Public Security.

d. Extracts regarding location, area of land, construction area, technical infrastructure requirements, environmental impact assessment, construction progress time, investment capital according to the approved investment project.

5. Authority to decide on changing the land use purpose and allocating land for national defense and security shall be implemented in accordance with the Law on Land 1993 and Decree 09/CP dated February 12, 1996 of the Government.

VI. LAND REGISTRATION AND STATISTICAL REPORTING.

1. Units under the Ministry of National Defense and the Ministry of Public Security are responsible for registering land they are using and land of subordinate units with the People's Committee of the commune, ward, town where the land is located.

In cases where units under the Ministry of National Defense and the Ministry of Public Security do not have conditions to directly register, they may authorize the unit directly using the land to carry out the registration.

2. Contents of land registration include:

- Name of the land user: Record the name of the unit under the Ministry of National Defense or the Ministry of Public Security first, then record the name of the unit directly using the land.

- Area and boundary of the land shown on the local land registry map.

3. Annually, units under the Ministry of National Defense and the Ministry of Public Security shall conduct statistics on the situation of land use and changes in land of subordinate units under their management and report to the Ministry of National Defense and the Ministry of Public Security.

When the State conducts land inventory campaigns, units under the Ministry of National Defense and the Ministry of Public Security shall be responsible for reporting land data as specified in Point 2 of Section VI of this Circular.

VII. MANAGEMENT OF FILES AND DOCUMENTS ON NATIONAL DEFENSE AND SECURITY LAND.

1. Files and documents on national defense and security land shall be managed under confidentiality regulations. Stored files include:

a. Decision on military post or construction site location.

b. Topographic map indicating the military post or construction site location (brigade level and below use maps at a scale of 1/25,000 to 1/50,000; higher levels use maps at a scale of 1/100,000).

c. Master plan map for functional zoning and use of land and decision on approval.

d. Land registry map of the area already confirmed by: Head of the land-using unit, unit preparing the map, People's Committee of the commune, People's Committee of the district, Provincial Land Administration Department.

e. Decision on land allocation, land recovery, land use right certificate.

f. Investment project and decision on approval for new construction sites.

g. Other documents related to the land area.

2. Classification of file storage for national defense and security land as follows:

a. The Ministry of National Defense, the Ministry of Public Security, and subordinate units shall store all the above-mentioned files and documents.

b. Directly using units shall store: land allocation decision, land recovery decision, land use right certificate, land registry map of the area.

For documents with only one map, the original shall be stored at the Ministry of National Defense and the Ministry of Public Security, while copies are used elsewhere.

c. The provincial land administration agency shall store the following files and documents:

- Applications for land allocation for national defense and security and applications for issuance of land use right certificates for national defense and security as stipulated in Articles 10 and 13 of Decree 09/CP.

- Applications for transferring national defense and security land for other purposes.

- Decisions on land allocation, land recovery, land use right certificates.

- Land registry map of the area (without showing internal structures, for national defense and security facilities, confidentiality requirements must be met).

- Documents related to land recovery and transfer to organizations and individuals outside the people's armed forces.

- Prime Minister's decision approving planning and land use plans for national defense and security.

VIII. INSPECTION OF NATIONAL DEFENSE AND SECURITY LAND.

1. When conducting inspections on compliance with land laws by units under the Ministry of National Defense and the Ministry of Public Security, the State Inspectorate, the Central Land Inspectorate, local inspectorates, and the Ministry of National Defense and the Ministry of Public Security shall implement according to Article 37 of the Law on Land, the Inspection Ordinance, and notify in writing the units under the Ministry of National Defense and the Ministry of Public Security and the directly using units about the content, purpose, and time of inspection. For inspections organized by the Central Inspectorate, the notification shall be sent to the Ministry of National Defense, the Ministry of Public Security, and the subordinate units.

2. The heads of subordinate units under the Ministry of National Defense and the Ministry of Public Security shall be responsible for reporting or authorizing the commanders directly using the land to report the contents requested by the inspection team related to the management and use of land by their unit, but must ensure the confidentiality regime of national defense and security.

3. The situation and documents regarding the national defense and security land that are permitted to be reported or provided to the inspection organization include:

a. Decision on military post or construction site location.

b. Zoning plans for functional land use and approval decisions.

c. Land registry map of the area (without showing internal structures within the area for national defense and security facilities requiring confidentiality).

d. Land use right certificates, land allocation decisions, and land recovery decisions.

e. Extracts of projects and investment decisions as stipulated in Clause 4, Article 10 of Decree 09/CP.

f. Other relevant documents concerning land use.

g. Data on total land area, classification of land area according to each purpose, and specific nature of use.

If required to submit these documents, the commander directly using the land shall make copies and hand them over to the Inspection Agency along with a record of document transfer. The Inspection Agency shall be responsible for managing these files and documents in accordance with the state's confidentiality regime.

4. After the inspection period, the Inspection Agency shall be responsible for sending the conclusion or recommendation for handling to the competent state agencies, the Ministry of National Defense, the Ministry of Public Security, and subordinate units of the Ministry of National Defense and the Ministry of Public Security for guidance on resolution.

IX. HANDLING OF ISSUES REGARDING NATIONAL DEFENSE AND SECURITY LAND

1. Land for military personnel and public security officers' family housing currently managed and used by armed forces units, which no longer falls under national defense and security land, shall be resolved as follows:

a. The Ministry of National Defense and the Ministry of Public Security shall review the land transferred for family housing and gradually transfer it to local territorial management.

b. The People's Committee of the province shall direct the Department of Land Administration and lower-level People's Committees to accept and manage the areas of family land handed over by the Ministry of National Defense and the Ministry of Public Security, and to issue land use right certificates and house ownership rights in accordance with current laws.

2. Land used by defense and security enterprises engaged in economic activities:

a. The Ministry of National Defense and the Ministry of Public Security shall identify the land of defense and security enterprises engaged in economic activities as specified in Point 4 of Part I of this Circular.

b. Defense and security enterprises engaged in economic activities currently using land must convert to leasing land in accordance with the law.

Part III:

IMPLEMENTATION

1. The People's Committee of the province or centrally-administered city has the responsibility to direct the Department of Land Administration and lower-level People's Committees to implement state management over land used for national defense and security within their jurisdiction in accordance with land laws, Decree 09/CP, and the guidance content of this Circular, while accelerating the issuance of land use right certificates to armed forces units.

2. Armed forces units using national defense and security land have the responsibility to:

a. Popularize, implement, and promote land laws to cadres and soldiers in their unit.

b. Strictly comply with the provisions of the Land Law, Decree 09/CP, and the guidance content of this Circular, using land for its intended purpose, economically, and efficiently.

c. If there is no longer a need to use the land, they must report to the Ministry of National Defense and the Ministry of Public Security to adjust the land to another unit according to the planning or return it to the state. They may not arbitrarily convert national defense and security land for other purposes.

During the implementation of this Circular, if there are difficulties or obstacles, localities and armed forces units should promptly reflect them to the General Department of Land Administration, Ministry of National Defense, and Ministry of Public Security for consideration and resolution.

This Circular takes effect from November 1, 1997, and all previous guiding documents contrary to this Circular are abolished.