Ordinance No. 51-L/CTN on the reserve force; ordinance amending and supplementing certain articles of the ordinance on the rights and obligations of domestic organizations granted land or leased land by the State.

ORDER

On the reserve forces; ordinance amending and supplementing certain articles of the ordinance on rights and obligations of domestic organizations granted land or leased land by the Stateand the rights and obligations of domestic organizations assigned land by the State and granted land leases by the State

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PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to Article 78 of the National Assembly Organization Law

Now promulgated

The Ordinance on the reserve forces;

The Ordinance amending and supplementing certain Articles of the Ordinance on rights and obligations of domestic organizations granted land or leased land by the State, which was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, on August 27, 1996.

President of the State
SOCIALIST REPUBLIC OF VIET NAM

LE DUC ANH

ORDINANCE

Article 1. - Amending and supplementing certain provisions of the Ordinance on rights and obligations of domestic organizations granted land or leased land by the State as follows:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"1. Domestic organizations granted land by the State without payment for land use include:
a) State agencies, political and social organizations, people's armed forces using land to build offices, for national defense and security purposes;
b) State agencies, political and social organizations, people's armed forces using land to build works belonging to economic, cultural, social, scientific, technical, and diplomatic sectors;
c) Enterprises, companies using land for public purposes to build roads, bridges, culverts, sidewalks, water supply and drainage systems, rivers, lakes, dykes, dams, schools, scientific research institutions, hospitals, markets, parks, flower gardens, children's playgrounds, squares, stadiums, airports, ports, and other public works as prescribed by the Government;
d) State-owned enterprises, enterprises of political and social organizations, defense and security enterprises, joint-stock companies, limited liability companies, collective economic organizations using land for agricultural, forestry, aquaculture, salt production purposes. The Government shall prescribe the land allocation limits and usage periods for these organizations.
2. Domestic economic organizations granted land with payment for land use include:
a) Economic organizations using land to build houses for sale to Vietnamese citizens or for lease;
b) Economic organizations using land to invest in building infrastructure for transfer or lease of land use rights attached to that infrastructure.
3. Domestic economic organizations leased land by the State include state-owned enterprises, enterprises of political and social organizations, defense and security enterprises, joint-stock companies, limited liability companies, collective economic organizations using land for non-agricultural, forestry, aquaculture, salt production purposes, except for cases prescribed in Clause 2 of this Article."

2. Supplementing Article 1a as follows:

"1. The land allocation and leasing stipulated in Article 1 of this Ordinance must be consistent with the tasks of socio-economic development, national defense, security, planning, and land use plans approved by competent state authorities.
2. The land allocation and leasing limits, purposes, and usage periods must be consistent with the economic and technical feasibility studies approved by competent state authorities."

3. Clause 2 of Article 5 shall be amended and supplemented as follows:

"2. In cases where competent state authorities permit enterprises to use part of the land allocated under Clause 1 of this Article and salt-making land for other production and business purposes, for such areas, the land rental system must be implemented; if used for the purposes prescribed in Clause 2 of Article 1 of this Ordinance, payment for land use must be made."

4. Supplementing Article 6a as follows:

"Domestic economic organizations granted land by the State as prescribed in Clause 2 of Article 1 of this Ordinance have the following rights:
1. Transfer land use rights when selling houses attached to that land; transfer land use rights to build houses attached to completed infrastructure on that land;
2. Lease land use rights attached to completed infrastructure on that land;
3. Mortgage the value of land use rights for the allocated land area at a Vietnamese bank to borrow funds for production and business activities;
4. Contribute capital by the value of land use rights to form joint ventures with domestic organizations and individuals. Domestic economic organizations granted land by the State with payment for land use, which are state-owned enterprises, enterprises of political and social organizations, defense and security enterprises, have the right to contribute capital by the value of land use rights to form joint ventures with foreign organizations and individuals according to the Government's regulations."

5. Article 8 is amended and supplemented as follows:

"Organizations granted land by the State for non-agricultural, forestry, aquaculture, salt production purposes without payment for land use or payment for land use from the state budget, if they have built works, when transferring those works attached to land use, must pay to the state budget the land transfer fee according to the Government's regulations."

Article 2. - On the basis of the provisions of this Ordinance, the Government shall specify the handling of economic organizations that were assigned land or leased land before the date this Ordinance takes effect.

This Ordinance takes effect from the date of publication.

Article 3. - The Government shall provide detailed implementation of this Ordinance.