Can defense land be built for housing in Vietnam?

In Vietnam, today defense land is known as one of the types of land under the use right of the Ministry of Defense to serve military activities in Vietnam. However, now, on defense lands, instead of military activities, there is a situation where many soldiers are building houses. So about the matter “Can defense land be built for housing in Vietnam?” Let’s find out with LSX in the article below.

Legal basis

• Land Law 2013
• Housing Law 2014
• Decree 43/2014/ND-CP
• Resolution 132/2020/QH14
• Circular 68/2017/TT-BQP

What kind of land is defense land in Vietnam?

According to the provisions of the land law, currently, Vietnam has no legal document defining what is defense land. However, through the provisions of the law on land, we can know that defense land is the type of land that is used for national defense purposes and is assigned by the State to defense units and organizations to carry out the activities. performing national defense purposes in combination with economic construction and development or implementing national defense objectives as prescribed.

What is defense land used for?

According to Article 61 of the 2013 Land Law, land recovery for national defense and security purposes is as follows: The State shall recover land for national defense and security purposes in the following cases:

– To serve as a place to station troops and work offices;

– Construction of military bases;

– Construction of national defense works, battlefields and special works on national defense and security;

– Construction of military stations and ports;

– Construction of industrial, scientific and technological, cultural and sports works directly serving national defense and security;

– Building the treasures of the people’s armed forces;

– Making shooting range, training ground, weapons testing ground, weapons destruction ground;

– To build training establishments, training centers, hospitals and convalescent homes of the people’s armed forces;

– Construction of official houses of the people’s armed forces;

– To build detention facilities and educational institutions managed by the Ministry of National Defense and the Ministry of Public Security.

Regulations on the use of defense land in Vietnam

According to Article 50 of Decree 43/2014/ND-CP, land used for defense and security purposes is as follows:

– Land users for national defense and security are regulated as follows:

• Units under the Ministry of National Defense and the Ministry of Public Security are the land users of the land for the units stationed in the army, except for the case specified at Point c, Clause 1; land for military bases; land for construction of national defense works, battlefields and special works on national defense and security; public service houses of the people’s armed forces; land in areas where the Government assigns separate tasks to the Ministry of National Defense and the Ministry of Public Security to manage, protect and use;

• Units directly using land are land users for land for military stations and ports; land for industrial, scientific and technological works in direct service of national defense and security; land as treasures of the people’s armed forces; land for shooting range, training ground, weapons testing ground, weapons destruction ground; land for construction of schools, hospitals and convalescence houses of the people’s armed forces; land for detention camps, educational institutions, reformatories managed by the Ministry of National Defense and the Ministry of Public Security;

• Military Commands of provinces and centrally run cities; Military Commands of districts, towns, provincial cities; Police of provinces and centrally run cities; Police of districts, towns, provincial cities; Police of wards and townships; The border guard station is the land user for the land for the construction of the headquarters.

– Land used for defense and security purposes must be used for the right purposes as determined. For the unused or improperly used land area, the provincial-level People’s Committee shall notify the land-using unit to put the land to use for the right purpose; After 12 months from the date of notification, if the land-using unit fails to make remedial measures to put the land to use for the right purposes, the provincial-level People’s Committees shall recover it and assign it to others for use.

– Land managed and used by units of the people’s armed forces, but not under the approved land use planning for defense and security purposes, must be handed over to localities for management and handled as follows: :

• For the land area that has been allocated for the households of officers and soldiers of the people’s armed forces unit to use as housing in accordance with the approved master plan and plan on land use, the land user shall are granted certificates of land use rights and ownership of houses and other land-attached assets and must fulfill financial obligations as prescribed by law;

• For land used for non-agricultural production and business purposes and currently being used by defense and security enterprises, it must be converted to the form of land lease according to the production and business plan approved by the Ministry of National Defense. or approved by the Ministry of Public Security;

• For land areas other than those specified at Points a and b, Clause 3, the provincial-level People’s Committees shall decide to recover land for allocation, lease and use in accordance with law.

– Competent state agencies to completely settle the land area currently in dispute

– The units directly under the Ministry of National Defense and the Ministry of Public Security are the land users of the land for the units stationed in the army, except for the case specified at Point c, Clause 1; land for military bases; land for construction of national defense works, battlefields and special works on national defense and security; public service houses of the people’s armed forces; land in areas where the Government assigns separate tasks to the Ministry of National Defense and the Ministry of Public Security to manage, protect and use;

According to the provisions of Clause 1, Article 3 of Circular 68/2017/TT-BQP stipulating official residences in the Ministry of National Defense as follows: Official residences in the Ministry of National Defense are self-contained apartment-style houses (houses). closed, used to arrange for qualified officers and employees to be hired during the time of undertaking their work; is a state-owned property managed and used by the Ministry of National Defense.

Thus, through the above regulations, we know that defense land is allowed to build houses, but only official houses can be built.

Can defense land be built for housing in Vietnam?

According to Article 6 of Circular 68/2017/TT-BQP stipulating types of official residences, area standards are as follows:

– For villa houses: Designed in the style of single-family villas or duplex villas. Maximum height is not more than 3 floors. The land area of ​​the villa campus is not less than 350 m2 and not more than 500 m2; Includes 2 types:

• Type A: Land area 450 m2 to 500 m2, house use area from 300 m2 to 350m2;

• Type B: Land area 350 m2 to 400 m2, usable area from 250 m2 to 300 m2.

– Adjacent houses: Land area is not less than 80 m2 and not more than 150 m2; includes the following two types:

• Type C: Land area 120 m2 to 150 m2, house use area from 150 m2 to 170 m2;

• Type D: Land area 80m2 to 120m2, usable area from 100m2 to 120m2;

– For apartments in urban areas designed as self-contained apartments, the usable area of ​​each apartment is not less than 25 m2 and not more than 160 m2; includes the following five types:

• Apartment type 1: Usable area from 140 m2 to 160 m2;

• Apartment type 2: Usable area from 100 m2 to 115 m2;

• Apartment type 3: Usable area from 80 m2 to 100 m2;

• Apartment type 4: Usable area from 60 m2 to 70 m2;

• Apartment type 5: Usable area from 25 m2 to 45 m2.

– A house in a rural area is designed as a self-contained house, the usable area of ​​each house is not less than 25 m2 and not more than 90 m2, including the following 04 types:

• House type 1: Usable area from 80 m2 to 90 m2;

• House type 2: Usable area from 55 m2 to 65 m2;

• House type 3: Usable area from 40 m2 to 45 m2;

• House type 4: Usable area from 25 m2 to 35 m2.

According to the provisions of Article 7 of Circular 68/2017/TT-BQP stipulating the standards for using official residences as follows:

• Villa class A: Arranged for Politburo member, Secretary of the Party Central Committee.

• Villa class B: Arranged for officers with the rank of General, except for the titles specified in Clause 1 of this Article.

• Class C townhouses or class 1 apartments: Arranged for officers with the rank of Lieutenant General, Admiral of the Navy.

• Class D townhouses or class 2 apartments: Arranged for officers with the rank of Lieutenant General, Major General; Vice Admiral, Rear Admiral of the Navy and equivalent.

• Class 3 apartments in urban areas or class 1 houses in rural areas: Arranged for officers with the rank of Colonel, Colonel, Lieutenant Colonel and equivalent.

• Class 4 apartments in urban areas or type 2 houses in rural areas: Arranged for officers with the rank of Major, Captain and equivalent.

• Class 5 apartments in urban areas or type 3 and 4 houses in rural areas will be arranged for the remaining objects.

According to the provisions of Article 8 of Circular 68/2017/TT-BQP stipulating standards for interior decoration of official residences as follows:

– Rules for furnishing official residences:

• Basic furnishing of official residences in case of investment in new construction of official residences: Funds for basic interior furnishing shall be aggregated and approved together with the project for implementation and assurance synchronized when the works are put into operation and use;

• For apartments purchased to be arranged as official residences: When they are purchased with basic furniture, they are not equipped to replace them, they can only be equipped with additional equipment that is missing compared to those specified in Clause 1 of this Article. Clause 2 of this Article;

• For official residences that have been built and put into use before the effective date of this Circular, the status quo shall be maintained; based on the allocated budget and the assurance ability of the unit to consider equipping it to suit each object;

• The basic furnishing of official residences must be approved by a competent state agency;

• Equipment and furniture in official residences must have a minimum useful life of 5 years.

– Furnishing villas and apartments in urban areas arranged as official residences, including: living room furniture and TV shelves, air conditioners in rooms, dining room tables and chairs , refrigerator, kitchen cabinet (synchronized), stove and range hood; standing cabinet, bed, mattress, washing machine, water heater, 01 personal desk and chair set.

– The maximum funding norm for basic furniture for villas and apartment buildings in urban areas specified in Clause 2, Article 8 is specified as follows:

• Type of serviced apartment with 01 bedroom, 01 living room (corresponding to type 4 and 5 apartments): 120 million VND;

• Type of Serviced Apartment with 02 bedrooms, 01 living room (corresponding to D-class semi-detached houses and class 2 and 3 apartments): 160 million VND;

• Type of serviced apartment with 03 bedrooms, 01 living room (corresponding to class C townhouse and class 1 apartment): 200 million VND;

• For villas with 04 bedrooms, 01 living room, 01 working room: 250 million VND.

– Basic furniture for the house arranged as official residence in rural area, including: Living room table and chair set, TV shelf, room air conditioner, personal working desk and chair set staff, dining room furniture (if any), refrigerator, kitchen cabinet, stove; standing wardrobe, mattress bed, washing machine, water heater. For places where there is no power source, electricity-using equipment has not been arranged.

– The maximum cost norm for furnishing furniture for a house in a rural area in Clause 4, Article 8 is prescribed as follows:

• For a self-contained house with the same bedroom and living room (corresponding to type 4 apartment): 75 million VND;

• For a self-contained house with 01 bedroom, 01 separate living room (corresponding to type 2 and type 3 apartments): 90 million VND;

• For a self-contained house with 02 bedrooms and 01 separate living room (corresponding to apartment type 1): 120 million VND.

– The selection of basic interior equipment to equip must be suitable with the function, area and space of each room in the apartment to ensure savings and efficiency.

– When the price of basic furniture on the market fluctuates (increase or decrease) by more than 20% compared to the maximum expenditure norm specified in Clauses 3 and 5, Article 8, the adjustment shall be made; the adjustment as prescribed at Point a, Clause 4, Article 28 of Circular 68/2017/TT-BQP.

– Funds for procurement of basic interior equipment shall be included in the total investment and estimate for new construction investment projects. For an independent project of procurement of basic furniture according to the decision of a competent authority, comply with the process of making estimates, complying with and finalizing the settlement according to the provisions of the law on state budget, law on bidding and regulations and guidelines of the Ministry of National Defense.

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