For the use of different types of land such as residential land, agricultural land, etc., are clearly regulated in the 2013 Land Law. Associated with the use of different types of land must be granted by the state. Certificate of land use right to ensure the rights when someone violates or to receive compensation for land when the state recovers. However, there is no clear regulation on land use by the Land Law or any guiding decrees and circulars. So about the matter “Is it possible to convert stored land in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is stored land under Vietnam law?
In fact, this land in the planning is located in the traffic corridor and public works.
We can understand that air traffic is a traffic safety corridor, land for construction of traffic systems, irrigation, dikes, water supply systems, drainage systems, waste treatment systems, drainage systems electricity, petroleum, gas, telecommunications and land in the safety corridor of these works.
Road safety corridor is a strip of land along both sides of the road land, from the outer edge of the road to both sides to ensure road traffic safety (Law on Road Traffic 2008).
That is the land that is planned to make land to serve public works, traffic, irrigation, electricity … that the State has not used yet, so this is a type of public land, owned by the State without any use not owned by any individual.
Air-storage land is only the land belonging to the traffic safety corridor, electricity grid safety, dyke, etc. It is the land that is planned to be used as land for public works but has not yet been used. Land users can only temporarily use land when the State has not yet used it, but do not have the right to use it.
What are the regulations on building on circulating land?
Pursuant to the 2013 Land Law stipulating the use of the air space as follows:
Land for construction of public works with safety corridors
First, land for construction of public works with safety protection corridors includes land for construction of traffic, irrigation, dike systems, water supply systems, drainage systems, and waste treatment systems. , electricity, petroleum, gas, communication and land conduction systems within the safety corridor of these works.
Based on the scope of the work protection corridor promulgated by the state agency, the person directly managing this work must assume the prime responsibility and coordinate with the People’s Committee of the locality where the work is located to develop the plugging plan. boundary markers to determine the safety protection corridor and submit it to the People’s Committee of the province where the work is located for approval; and at the same time notify the People’s Committees of all levels where the works are located to cooperate in protecting the safety corridors of the works
Secondly, the use of land for construction of public works with safety protection corridors must ensure the combination of exploitation of both the aerial and underground parts, arrangement of a combination of different types of works on the same land area in order to save land and must comply with relevant specialized laws on construction safety protection.
Thirdly, a person who is currently using legally recognized land and that land is located within the construction safety protection corridor may continue to use the land according to the determined purpose and must not interfere with the protection of the project. construction safety.
In case the use of land affects the protection of the safety of the works, the work owners and land users must take remedial measures. under the law.
Fourthly, the agency or organization directly managing the works with safety corridors is responsible for publicly announcing the landmarks of the safety corridors of the works, taking the main responsibility for the protection of public safety. submit; In case the safety corridor of the work is illegally encroached, occupied or used, it must promptly report and request the People’s Committee of the commune where the safety corridor is located to be illegally encroached, occupied or used. permission to process.
Within 30 working days, the organization directly managing the work is responsible for coordinating with the People’s Committee of the district and the People’s Committee of the commune where the work is to be constructed to publicize the landmarks of the corridor. to protect the safety of the works and the People’s Committees of all levels where the works have safety corridors are responsible for coordinating with the agencies and organizations directly managing the works in propagating and disseminating the law on environmental protection. construction safety protection; publicly announce the land use boundary markers in the work safety protection corridor; promptly handle cases of illegal encroachment, occupation and use of safety corridors of works.
Agencies and organizations directly managing works with safety protection corridors shall have the main responsibility for the safety protection of works. In case the work safety corridor is encroached upon, occupied or illegally used, it must promptly report directly and request the commune-level People’s Committee of the locality where the work safety corridor is located to handle it. .
Is it possible to convert stored land in Vietnam?
First, the stored land is not public land and is under the management of the State. When the State has not used this land, people can only use it temporarily and will not be granted a red book.
In addition, based on Article 188 of the 2013 Land Law, it is amended and supplemented as follows:
“Article 188. Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution with land use rights
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.”
Thus, if the red book is not granted, it will not be possible to change the land use purpose, so it is not possible to convert the land for storage.
Penalties for administrative violations of the act of encroaching on stored land
Without the permission of a competent State agency, the arbitrary encroachment, occupation and use of stored land is not considered a violation of the law. However, in reality, there are still many people and businesses that deliberately ignore it, encroaching on land to grow crops, open shops, and even build houses illegally.
According to the provisions of Clause 6, Article 4, the regulations on sanctioning of administrative violations of the land storage space are as follows:
Article 14. Encroachment, occupation of land
6. In case of encroachment or occupation of land within the safety corridor of works and land of works with protection corridors, land of working offices and non-business establishments of agencies and organizations as prescribed by law the law on management and use of state property, the form and level of sanction shall comply with the provisions of the law on sanctioning of administrative violations in the field of construction investment activities; mining, processing and trading in minerals used as building materials, production and trading in building materials; management of technical infrastructure works; real estate business, housing development, home and office use management; in the field of road and railway traffic; in the field of culture, sports, tourism and advertising; in the field of exploitation and protection of irrigation works; dike; flood prevention; in the field of management and use of state property and other specialized fields.
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Frequently asked questions
The act of individuals arbitrarily encroaching on and using airspace without the permission of a competent state agency is considered a violation of the law.
According to Clause 4, Article 10 of Decree No. 102/2014/ND-CP, the act of encroaching on airspace will be sanctioned as follows:
For individuals: Fine from 300,000 VND to 400,000 VND.
For organizations and enterprises: A fine of between VND 600,000 and VND 800,000 shall be imposed.
In addition, if people find that neighbors around have acts of encroaching on air space for personal purposes, affecting the activities of people around, they can make a complaint to the local People’s Committee. for timely resolution. Violators will be forced to return the encroached airspace, and must restore the airspace to its original state before the violation.
Under the regulations of the law, stored land is not subject to tax, so the land user does not have to pay any taxes related to that land area, but must ensure that the land is not affected. save this.
According to regulations, stored land is not under the management and supervision of state agencies.
If it is discovered that individuals or organizations are encroaching on or using illegally stored land, the People’s Committee of the area where the stored land is not located has the full right to decide on sanctions to protect the safety of the people.
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