Decree No. 69/2000/ND-CP Amending and supplementing some articles of Decree No. 09/CP dated February 12, 1996 on the regime of management and use of defense and security land.

DECREE OF THE GOVERNMENT

Amending and supplementing some articles of Decree No. 09/CP dated February 12, 1996

on the management and use of defense and security land 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Land Law dated July 14, 1993 and the Law Amending and Supplementing Certain Articles of the Land Law dated December 2, 1998;

At the proposal of the Minister of National Defense and the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 09/CP dated February 12, 1996 on the management and use of defense and security land as follows:

1- Clause 1 of Article 4 is amended and supplemented as follows:

"1. Units under the Ministry of National Defense: General Departments; Military Regions, Corps; Services; Border Guard Command; Academies, schools and units directly under the Ministry of National Defense".

2- Clause 3 of Article 10 is amended and supplemented as follows:

"3. The letter requesting to allocate land from the People's Committee of the province or centrally governed city for cases where allocation of land falls within the authority of the People's Committee of the province or centrally governed city".

3- Article 11 is amended and supplemented as follows:

"1. The Prime Minister decides to allocate land to people's armed forces units when there is a need to use it for national defense and security purposes outside the provisions of Clause 2 of this Article.

2. The People's Committee of the province or centrally governed city decides to allocate land to people's armed forces units when there is a need to use it for national defense and security purposes according to the following:

a) From 1 hectare or less for agricultural land, forest land with forests, rural residential land, urban land; from 2 hectares or less for vacant land, hills and mountains for each construction project used for national defense and security purposes.

b) From 5 hectares or less for agricultural land, forest land with forests; from 10 hectares or less for vacant land, hills and mountains for each construction project used for the purposes specified in Point 8, Clause 1 of the Land Law."

4- Article 16 is amended and supplemented as follows:

"1. The use of defense and security land shall be carried out by the Ministry of National Defense and the Ministry of Public Security in accordance with the planning approved by the Prime Minister.

2. The recovery or transfer of defense and security land for other purposes shall be decided by the Prime Minister or the People's Committee of the province or centrally governed city in specific cases upon the proposal of the Ministry of National Defense and the Ministry of Public Security, after obtaining the opinion of the People's Committee of the province or centrally governed city for cases within the authority of the Prime Minister; and the opinion of the People's Committee of the district, town, or provincial city for cases within the authority of the People's Committee of the province or centrally governed city.

3. The authority to recover and transfer defense and security land for other purposes shall be implemented in accordance with Article 28 of the Land Law."

Article 2. This Decree takes effect 15 days after its signing date, all previous regulations contrary to this Decree are abolished..

The Ministry of National Defense, the Ministry of Public Security, and the General Department of Land Administration shall guide the implementation of this Decree in accordance with their functions and tasks.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of the People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.