Law

Regulations on the use of national defense and security land combined with labor production and economic construction activities

GH August 30, 2024 15:36

Mr. Lo Van An, residing in Que Phong district, asked: How does the 2024 Land Law regulate the use of national defense and security land in combination with labor, production, and economic construction activities?

Reply:

Article 201. Use of national defense and security land combined with production labor and economic construction activities

1. The use of land for national defense and security combined with production and economic construction activities is applied to the following subjects:

a) Military units, police units, public service units under the People's Army and People's Police;

b) State-owned enterprises assigned to be managed by the Ministry of National Defense and the Ministry of Public Security.

2. For national defense and security land currently managed and used by the subjects specified in Clause 1 of this Article, when combined with production labor activities and economic construction associated with military, defense and security tasks, a land use plan must be prepared and submitted to the Minister of National Defense and the Minister of Public Security for consideration and approval, and annual land use fees must be paid.

In case of using national defense and security land in combination with production and economic construction activities to organize education; labor, rehabilitation, career guidance, vocational training for prisoners; training, increasing production to improve life; and logistical and technical support services, land use fees are not required to be paid.

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A corner of Thong Thu commune, Que Phong district. Illustrative photo: Nguyen Dao

3. The rights and obligations of the subjects specified in Clause 1 of this Article when using national defense and security land in combination with labor production and economic construction activities are stipulated as follows:

a) Organize production and business according to plans approved by the Minister of National Defense and the Minister of Public Security;

b) Enjoy the fruits of labor, investment results on land and other benefits according to the provisions of law;

c) No compensation for land and assets attached to land shall be paid when terminating the plan to use national defense and security land combined with labor production and economic construction activities to serve military, defense and security tasks;

d) Land use rights may not be transferred, donated or leased;

d) Not allowed to mortgage or contribute capital using land use rights;

e) Not allowed to arbitrarily change land use purpose;

g) The subjects specified in Point a, Clause 1 of this Article shall not be allowed to transfer, lease, donate, mortgage, or contribute capital using assets attached to land;

h) The subjects specified in Point b, Clause 1 of this Article are allowed to lease, mortgage, or contribute capital using assets attached to land according to the plan approved by the Minister of National Defense or the Minister of Public Security; in case of buying or selling assets attached to land, handling mortgaged assets, or assets contributed as capital, it can only be done internally among the subjects specified in Clause 1 of this Article according to the plan approved by the Minister of National Defense or the Minister of Public Security;

i) Fully perform financial obligations as prescribed.

4. The Government shall detail this Article.

GH