Land planning for public works is the type of land already included in the master plans and plans on land use of competent authorities at all levels. The purchase and use of land in the field of construction planning is a question of many people. So about the matter “Regulations on public land planning in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is public land planning?
Land for public works planning is the type of land included in the local land use planning. There are different land use plans depending on the locality. The planning of land for public works depends on the actual situation and plan of each locality.
Planning land for construction of public works in order to stabilize people’s lives as well as develop socio-economically in the most sustainable way.
What is public land?
Land for public works is public land used for construction of works and infrastructure systems to serve the community, specifically public works land includes the following purposes:
Land for construction of roads, bridges, culverts, sidewalks, water supply and drainage systems, rivers, lakes, dikes, dams, schools, hospitals, markets, parks, flower gardens, children’s play areas, squares, stadiums, airports, harbors;
Land for construction of power plants, power transformer stations, petroleum pipelines, gas pipelines, hydro-meteorological stations, observation stations for research and public services, irrigation works, docks , bus station, ferry terminal, railway station, national park, convalescence area, fostering area for disadvantaged children, training facilities, physical training and sports facilities, rehabilitation facilities for children Children with disabilities, vocational training centers, cultural works, monuments, memorials, clubs, theaters, museums, exhibitions, cinemas, circuses, drug rehabilitation centers, educational camps nursing homes, rehabilitation camps, cemeteries, cemeteries, waste treatment areas, landfills.
Land for construction of other public works includes land used for public purposes in urban areas and rural residential areas; land for construction of infrastructure for common use in industrial parks, high-tech zones and economic zones according to planning approved by competent authorities; land for construction of works on power transmission line system, communication network system, gasoline, oil, gas pipeline and land in the safety corridor of the above works; power station land; lake land, hydroelectric dam; land for construction of funeral homes and crematoriums; land for waste, landfill, and waste treatment areas permitted by competent state agencies.
Public works are owned by the State, invested and built by the State with the national budget or borrowed from the Government. Individuals or organizations that want to own must have a document from the State.
What is urban public land?
Urban-level public land is public land in an urban area to serve the use needs of people in that urban area. Including land to build people’s markets, schools, hospitals, green spaces, etc.
The system of public works in new urban areas has 3 layout types:
Independent public works: These works often have clear service functions such as hotels, supermarkets, post offices, swimming pools, clubs, cultural houses, markets, social infrastructure works. … arranged along the main roads, creating accents.
Regulations on public land planning in Vietnam
According to the law, the land for planning public works is used for construction of the following works.
• Land is used for construction of water supply works, drainage systems and irrigation works, river dikes, dams.
• Land is used to build traffic works, bridges, sidewalks, railway stations, ports, and car terminals. At the same time, works that are allowed to use land for planning public works also include railways, airports, airports, and parking lots.
• Power generation works, power transmission systems, petroleum and gas pipelines, communication networks. Along with that are the production and transmission zones of communication systems, hydroelectric dams.
• Lands containing historical, cultural or scenic sites that have been recognized by the state and are classified as protected. There are also landfills and waste treatment areas.
• Land for educational planning or works for public purposes such as building markets, amusement parks, stadiums, parks, squares, flower gardens. Other facilities such as hospitals, post offices, commune cultural sites, nursing homes, social security areas, funeral homes, cemeteries, memorials, museums, theaters, cinemas, circuses. Addiction treatment establishments, vocational training establishments, reformatories, dignity and functional rehabilitation points for patients.
Change of land use purpose under planning of public works
Is it possible to change the land use purpose of land for public works planning or not is a common question of many people. Regarding the conversion of land use purposes, it is stipulated in Article 57 of the Land Law issued in 2013. Accordingly, the cases in which land use purpose conversion is permitted include:
• Change of land use purpose from rice cultivation to perennial crops, forest land, aquaculture land and salt production land
• Converting agricultural land to non-agricultural land.
• Converting land for other annual crops to aquaculture land, salt water, salt production land, aquaculture land in the form of ponds, lakes and lagoons.
• Converting special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land.
• Converting of non-agricultural land which is not residential land to residential land.
• Converting non-agricultural land allocated by the State without land use levy into non-agricultural land allocated by the State with land use levy or leased land.
• Converting of land for construction of non-business works, land used for public purposes for business and production purposes, non-agricultural business land that is not commercial or service land to commercial land. , service.
• Converting commercial, service, and non-business construction land into non-agricultural production facilities.
In case there is a need to change the land use purpose, the user must apply for the change of land use purpose and submit it to the competent agency. If the application is approved, the owner has the right to carry out construction, renovation and repair work on this property. If the application is denied, the owner must properly perform the stated rights and obligations.
Is land used for public purposes taxable?
According to Clause 1, Article 3 of the 2010 Law on Non-agricultural Land Use Tax, non-taxable entities have the following contents:
“Non-agricultural land used for non-commercial purposes includes:
1.Land used for public purposes includes: land for traffic and irrigation; land for construction of cultural, medical, educational and training works, physical training and sports in service of public interests; land with historical – cultural relics and scenic spots; land for construction of other public works as prescribed by the Government;”
Thus, according to the provisions specified above and in Clause 1, Article 3 of Decree 53/2011/ND-CP of the Government, the following types of land, if used for public purposes, will not have to pay land use tax for non-agricultural.
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Please see more
- Regulations on commercial and service land in Vietnam
- Agricultural land tax under Vietnam law
- Land valuation income method in Vietnam
Frequently asked questions
Regarding the writing “Planning land for public works” does not mean that the land use right on the land use right certificate falls into the planning area.
This depends on the government’s policy of using land for public purposes for economic, social or defense development, such as land acquisition to open more roads (alleys). Therefore, the purchase of land for public works planning is likely to be acquired according to the state’s policy.
Land for construction of public works at the residential unit level is land for construction of medical, cultural, service and administrative management facilities to serve the regular needs of residents in the residential unit such as supermarkets, markets, post office, library, medical station, shop, cultural house, administrative management office of residential unit,…
When buying land for public works such as planting perennial crops, if you want to change the land use purpose to residential land, you need permission from the competent State.
If the purchaser has applied for a permit, but the land for construction of public works is not allowed to change the use purpose or build a house, the buyer can only use it for the initial purpose of planting perennial trees according to the planning period.
Conclusion: So the above is Regulations on public land planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
