DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 09/CP OF FEBRUARY 12, 1996 ON THE REGIME OF MANAGEMENT AND USE OF LAND FOR NATIONAL DEFENSE OR SECURITY PURPOSES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993 and the Law Amending and Supplementing a Number of Articles of the Land Law of December 2, 1998;
At the proposals of the Minister of Defense and the Minister of Public Security,

DECREES:

Article 1.- To amend and supplement a number of articles of Decree No. 09/CP of February 12, 1996 on the regime of management and use of land for national defense or security purposes as follows:

1. Clause 1 of Article 4 is amended and supplemented as follows:

"1. The units attached to the Ministry of Defense: the general departments, military zones, army corps and army services; the Border Guard Command; the institutes, schools as well as the agencies and units attached to the Ministry of Defense".

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"3. An official dispatch requesting the land allocation, made by the People’s Committees of the provinces and centrally-run cities for cases where the land allocation falls under the Prime Minister’s competence, or an official dispatch requesting the land allocation, made by the People’s Committees of the urban and rural districts, provincial towns and cities for cases where the land allocation falls under the competence of the People’s Committees of the provinces and centrally-run cities".

3. Article 11 is amended and supplemented as follows:

"1. The Prime Minister shall decide the allocation of land to the people’s armed forces units when there is a demand for the use of land for national defense or security purposes in cases of necessity not stipulated in Clause 2 of this Article.

2. The People’s Committees of the provinces and centrally-run cities shall decide the allocation of land to the people’s armed forces units when there is a demand for the use of land for national defense or security purposes according to the following stipulations:

a/ 1 ha or under of agricultural land, forestry land with forests, rural residential land and urban land; 2 ha or under of waste land and bare hills for each work used for national defense and security purposes.

b/ 5 ha or under of agricultural land and forestry land with forests; 10 ha or under of waste land and bare hills for each work used for the purposes stipulated at Point 8, Clause 1, Article 65 of the Land Law".

4. Article 16 is amended and supplemented as follows:

"1. The use of land for national defense or security purposes by the Ministry of Defense or the Ministry of Public Security shall comply with the planning already approved by the Prime Minister.

2. The recovery or transfer of defense or security land for use for other purposes shall be decided on the case-by-case basis by the Prime Minister or the People’s Committees of the provinces and centrally-run cities at the proposals of the Ministry of Defense and the Ministry of Public Security after obtaining comments from the People’s Committees of the provinces and centrally-run cities, for cases falling under the Prime Minister’s competence; or from the People’s Committees of the urban and rural districts, provincial towns and cities, for cases falling under the competence of the People’s Committees of the provinces and centrally-run cities.

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Article 2.- This Decree takes effect 15 days after its signing; the previous provisions, which are contrary to this Decree, are now all annulled.

The Ministry of Defense, the Ministry of Public Security and the General Land Administration shall, according to their respective functions and tasks, have to guide the implementation of this Decree.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai