What requirements must be met when using land to build underground structures?

Reply:

Article 216,Land Law 2024 stipulates onland for underground constructionas follows:

1. Land for underground construction includes land for construction of above-ground structures serving the operation, exploitation and use of underground structures and underground space for construction of underground structures that are not underground parts of above-ground structures.

2. Land users are allowed to transfer, lease, or sublease underground space after being determined by the State according to the provisions of the law on construction, the law on urban planning, and the law on architecture.

3. The State encourages organizations and individuals to use capital, techniques and technology to carry out underground construction projects and at the same time has support and incentive policies for investors in accordance with the provisions of law.

4. The use of land for underground construction must ensure the following requirements:

a) Ensuring national defense, security, environmental protection, sustainable development, protection of historical and cultural relics and scenic spots;

b) In accordance with construction planning and urban planning;

c) Compensation according to the provisions of law for cases of causing damage to the land use of land users on the surface of underground works;

d) Construction of underground works must be carried out according to the investment project or investment project items as prescribed by law;

d) Comply with construction law regulations.

5. Land allocation and lease for land for construction of above-ground works serving the operation and exploitation of underground works shall be carried out according to the following provisions:

a) Land allocation without land use fee collection in cases of land use for construction of above-ground works serving the operation and exploitation of underground works not for business purposes;

b) Land lease with annual land rent collection in cases of land use to construct above-ground works serving the operation and exploitation of underground works for business purposes.

6. The issuance of certificates of land use rights and ownership of assets attached to land for underground construction is carried out according to the following provisions:

a) Investors of underground construction projects are granted certificates of land use rights and ownership of assets attached to land for the land area used for construction of above-ground works serving the operation, exploitation and use of underground works and are entitled to exercise the rights of land users in accordance with the provisions of this Law;

b) The investor of the underground construction project is certified for ownership of the underground construction and exercises the owner's rights according to the provisions of law.

7. The Government shall detail this Article.