Pháp lệnh sửa đổi Pháp lệnh về quyền và nghĩa vụ của các tổ chức trong nước được Nhà nước giao đất, cho thuê đất năm 1996

ORDINANCE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON THE RIGHTS AND OBLIGATIONS OF THE DOMESTIC ORGANIZATIONS WITH LAND ASSIGNED OR LEASED BY THE STATE

Pursuant to Article 17, Article 18 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 3 of the Land Law;
Proceeding from the Resolution of the IXth National Assembly, 8th session, on the legislative program;
This Ordinance amends and supplements a number of Articles of the Ordinance on the rights and obligations of the domestic organizations with land assigned or leased by the State.

Article 1.- To amend and supplement a number of articles of the Ordinance on the rights and obligations of the domestic organizations with land assigned or leased by the State.

1. Article 1 is amended and supplemented as follows:

"1. The domestic organizations which are assigned or leased land by the State without having to pay the land-use fee include:

a/ State agencies, political and social organizations, units of the People�s Armed Forces using land for the construction of their offices, and for security and defense purposes;

b/ State agencies, political and social organizations, units of the People�s Armed Forces using land for the construction of economic, cultural, social, scientific, technical and diplomatic projects in non-business branches and fields;

c/ Enterprises and companies using land for public utilities such as roads, bridges, culverts, pavements, water supply and drainage systems, rivers, lakes, dykes, dams, schools, scientific research institutions, hospitals, markets, parks, flower gardens, playing grounds for children, public squares, stadiums, airports, ports and quays and other public works prescribed by the Government;

d/ State enterprises, enterprises owned by political or social organizations, defense and security enterprises, joint-stock companies, limited liability companies and collective economic organizations using land for agriculture, forestry, aquaculture, and salt production. The Government shall stipulate the allocable land quotas and the land use time limits for these organizations.

2. The domestic economic organizations which are assigned land by the State and have to pay the land-use fee include:

a. The economic organizations using land for the construction of residential houses to be sold to Vietnamese citizens or to be leased;

b. Economic organizations using land for investment in constructing infrastructral installations to assign or lease the land use-right associated with such installations.

3. Domestic economic organizations which are leased land by the State include State enterprises, enterprises of political and social organizations, security and defense enterprises, joint-stock companies, limited liability companies, collective economic organizations using land for purposes rather than agriculture, forestry, aquaculture or salt production, except the cases defined in Item 2 of this Article."

2. Article 1a is supplemented as follows:

"1. The land allocation and lease stipulated in Article 1 of this Ordinance must conform with the tasks of socio-economic development, defense and security, and the land use planning and plans already approved by a competent State agency.

2. The allocated and leased land quotas and the land use purposes and time limits must comply with the eco-technical thesis already approved by a competent State agency."

3. Item 2 of Article 5 is amended and supplemented as follows:

"2. In cases where an enterprise is permitted by a competent State agency to use part of the land assigned under Item 1 of this Article and the salt production land for other production or business purposes, the land lease regime shall be applied to such land area, and if for the purposes defined in Item 2 of Article 1 of this Ordinance, the land-use fee must be paid."

4. Article 6a shall be amended as follows:

" The domestic economic organizations which are assigned land by the State under Item 2, Article 1 of this Ordinance shall have the following rights:

1. To assign the land-use right when selling residential houses built thereon; to transfer the land-use right for building residential houses associated with the infrastructural installations already constructed thereon;

2. To lease the land-use right associated with the infrastructural installations already constructed thereon;

3. To mortgage the value of the land-use right over the assigned land at a Vietnamese bank to borrow capital for production and/or business activities;

4. To contribute the value of the land-use right as capital to a joint-venture with Vietnamese organizations or individuals.

Domestic economic organizations which are State enterprises, enterprises owned by political or social organizations and defense and security enterprises with State-assigned land and which have to pay the land-use fee shall be entitled to contribute the value of the land-use right as capital to a joint venture with foreign organizations and individuals in accordance with Government stipulations."

5. Article 8 is amended and supplemented as follows:

"For organizations that use its State-assigned land for purposes rather than agriculture, forestry, aquaculture and salt production and without having to pay the land-use fee or paying with the State budget allocation, if they assign the projects which were built by themselves and associated with the land-use, they must remit to the State budget the earnings from the transfer of the land-use right as prescribed by the Government."

Article 2.- Basing itself on the provisions of this Ordinance, the Government shall stipulate in details the settlement for the economic organizations which were assigned or leased land by the State before the effective date of this Ordinance.

This Ordinance takes effect from the date of its promulgation.

Article 3.- The Government shall stipulate details for the implementation of this Ordinance.

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