Nghị định 09-CP

DECREE

OF THE GOVERNMENT PROVIDING FOR REGULATIONS ON THE MANAGEMENT AND USE OF LAND FOR NATIONAL DEFENSE AND SECURITY PURPOSES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993;
At the proposals of the Minister of Defense, the Minister of the Interior and the General Director of the General Land Administration,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree provides for regulations on the management and use of land for national defense and security purposes.

The land used by the enterprises of the national defense and security forces, the land used for economic and business purposes, and the land for constructing dwelling houses for families of armymen do not fall within the scope of regulation of this Decree.

Article 2.-

1. The land used for national defense and security purposes is the land of specialized use allocated by the State to the people's army units to use for national defense and security purposes as specified in Clause 1, Article 65 of the Land Law.

2. The land used for the construction of other national defense and security projects as specified in Point i, Clause 1, Article 65 of the Land Law includes: land used for the construction of public houses; land used as detention camps; and land in other areas which are allocated by the Government to the Ministry of Defense and the Ministry of the Interior to manage and protect in separate areas.

Article 3.- The Minister of Defense and the Minister of the Interior, within the scope of their tasks and powers, shall be responsible to the Government for the management and use of land allocated by the State for national defense and security purposes.

Article 4.- The people's army units, which are allocated land by the State to use for national defense and security purposes, include:

1. The units attached to the Ministry of Defense: the General Departments, the Military Zones, the Army Corps, the Army Services, the Border Force Command, the Military Commands of the provinces and cities directly under the Central Government, Military Institutes and Schools, and the units directly attached to the Ministry of Defense;

2. The units attached to the Ministry of the Interior: the General Logisties Department, the Police Services of the provinces and cities directly under the Central Government, and the units directly attached to the Ministry of the Interior.

Article 5.- The people's army units, which are allocated land by the State to use for national defense and security purposes, shall have the following rights:

1. To be granted certificates of land use right;

2. To be protected in accordance with the current laws.

Article 6.- The people's army units, which are allocated land by the State to use for national defense and security purposes, shall have the following obligations:

1. To use the land for the right purposes, in the right locations, within the right area boundaries and other regulations specified when the land is allocated;

2. To comply with the regulations on environmental protection, to cause no damage to the interests of land users in the surroundings;

3. They are not allowed to exchange, transfer, lease, mortgage, contribute as capital to joint ventures and have to comply with provisions of the land legislation.

Chapter II

REGULATIONS ON THE MANAGEMENT AND USE OF LAND FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 7.-

1. The Ministry of Defense and the Ministry of the Interior shall elaborate general programs and plans on the use of land for national defense and security purposes on the national scale and in each locality.

2. The people's army units, which are allocated land by the State to use for national defense and security purposes as specified in Article 4 of this Decree, shall work out their general land-use programs and plans.

Article 8.- The general programs and plans on the use of land for national defense and security purposes include the following contents:

1. Concrete specification of the use purpose, the area and the boundary of land allocated to each unit;

2. The readjustment of the general land-use programs and plans for each unit during each period in accordance with its assigned tasks;

3. The land area and boundary, the contents of the readjustment of the general land-use programs and plans as specified in Clauses 1 and 2 of this Article shall be illustrated on cadastral maps as provided for by the General Land Administration.

Article 9.- The competence to ratify the general programs and plans on the use of land for national defense and security purposes is specified as follows:

1. The Prime Minister shall ratify the general programs and plans on the use of land for national defense and security purposes on the national scale and in the cities of grades I and II;

2. The Minister of Defense and the Minister of the Interior shall ratify the detailed land-use programs and plans of the units attached to the Ministries which are allocated land by the State to use for national defense and security purposes;

3. The Presidents of the People's Committees of the provinces and cities directly under the Central Government shall ratify the general land-use programs and plans of units of the police forces of provinces and cities directly under the Central Government after consulting with the Ministry of the Interior;

4. The supplements to and readjustments of the general programs and plans on the use of land for national defence and security purposes shall be ratified by the competent agencies as specified in Clauses 1 and 2 of this Article.

Article 10.- The people's army units which apply for land allocation by the State for use in national defense and security purposes shall have to comply with provisions of the land legislation. The dossier of application for land allocation shall include:

1. An application of the people's army unit for land allocation by the State to use for national defense and security purposes as specified in Article 4 of this Decree;

2. An official dispatch of the Ministry of Defense or the Ministry of the Interior proposing the allocation of land;

3. An official dispatch of the People's Committee of the province or city directly under the Central Government proposing the allocation of land;

4. A description of the location and area of the plot of land, construction area, need for use of technical infrastructure, evaluation of environmental impact, construction tempo, investment capital in the approved investment project.

Article 11.- The Prime Minister shall decide the allocation of land to the people's army units when there is such need for national defense and security purposes.

Article 12.- The People's Committees of the provinces and cities directly under the Central Government shall issue certificates of right to use land for national defense and security purposes to the people's army units whose general programs and plans have been approved or whose application has been ratified by the Prime Minister.

Article 13.- The dossier of application for certificate of right to use land for national defense and security purposes of a people's army unit shall include:

1. An application for certificate of land use right of the people's army unit, which is allocated land by the State to use for national defense and security purposes;

2. A decision of the Ministry of Defense or the Ministry of the Interior on the unit's location or project site;

3. The unit's general land-use program and plan which have been approved by the competent agency as specified in Article 9 of this Decree or in the land-allocation decision of the Prime Minister;

4. The map defining the boundary of land under the unit's right to use which has been certified by the local People's Committee at commune or district level.

Article 14.- The measurement of land for national defense and security purposes shall be conducted in accordance with procedures and technical regulations promulgated by the State. In case of national defense and security projects which need to be kept secret, the local Land Administration Service shall conduct only the measurement of necessary boundaries and landmarks in the area.

Article 15.- Registration of land statistics:

1. The people's army units, which are allocated land by the State to use for national defense and security purposes, shall register land as provided for in Article 33 of the Land Law. The land registration must ensure the national defense and security secrets. The cadastral maps of the plots of land for national defense and security purposes allocated to the people's army units must clearly define the boundary and supply other necessary data matching the local cadastral maps;

2. The people's army units, which have been allocated land by the State to use for national defense and security purposes, shall make annual statistics and report on the situation of land use and changes of land of the units under their management in accordance with regulations of the Ministry of Defense, the Ministry of the Interior and the General Land Administration.

Article 16.- The use of land for national defense and security purposes shall be implemented by the Ministry of Defense and the Ministry of the Interior in accordance with the general programs already approved by the Government.

The transfer of land allocated by the State to the national defense or security units for other uses shall be decided by the Prime Minister on a case-by-case basis at the proposal of the Ministry of Defense or the Ministry of the Interior after consulting the People's Committees of the provinces or cities directly under the Central Government.

Article 17.- The files and documents on land for national defense and security purposes shall be preserved as secrets and kept at:

1. The Ministry of Defense or the Ministry of the Interior;

2. The people's army units which have been allocated land by the State to use for national defense and security purposes as provided for in Article 4 of this Decree;

3. The units directly using the land;

4. The Land Administration Services of the provinces or cities directly under the Central Government.

Article 18.- When the need arises to recover the land for national defense and security purposes for other uses, the competent State agencies shall notify in writing the people's army units which have been allocated land by the State to use for national defense and security purposes and the Ministry of Defense or the Ministry of the Interior, at least six months before issuing the decision.

Article 19.- The people's army units which have been allocated land by the State to use for national defense and security purposes when being granted certificates of land use right, shall be exempted from land use charges as provided for in Clause 1, Article 12 of Decree No.89-CP of August 17, 1994 of the Government.

Article 20.- The people's army units managing and using land for national defense and security purposes, after re-examining their general plans, shall inform the Ministry of Defense or the Ministry of the Interior of the excess land and return it to the State.

Article 21.- The People's Committees of the provinces and cities directly under the Central Government shall exercise State management over the land used for national defense and security purposes in their respective localities to meet the requirements of national construction and defense as well as national security, and propose to the Prime Minister to recover the land which is used wastefully or for wrong purposes by the people's army units.

The General Land Administration shall assist the Government, the provincial Land Administration Services shall assist the People's Committees of the provinces and cities directly under the Central Government in exercising State management over the land used for national defense and security purposes in accordance with provisions of the land legislation.

Article 22.-

1. The commanders of the people's army units which use land for national defense and security purposes shall have to report on the situation of land use and provide relevant documents to land inspectors regarding the implementation of the land legislation, and at the same time ensure national defense and security secrets as provided for by the Ministry of Defense or the Ministry of the Interior.

2. The inspectorate of the Ministry of Defense or the Ministry of the Interior shall have the following responsibilities:

a) To inspect the implementation of the land legislation by the people's army units;

b) To coordinate with the central and local land inspection agencies in inspecting matters relating to the management and use of land for national defense and security purposes;

c) To request the competent State agencies to handle violations of the land legislation by the people's army units and other organizations and individuals.

Article 23.- The Ministry of Defense and the Ministry of the Interior shall be entitled to decide on the change of units using land for national defense and security purposes in order to fufill the national defense and security tasks in accordance with provisions of law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 24.- This Decree takes effect from the date of its signing. The previous stipulations contrary to this Decree are now annulled.

Article 25.- The Ministry of Defense, the Ministry of the Interior and the General Land Administration, within the scope of their functions and tasks, shall have to guide the implementation of this Decree.

Article 26.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.