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The Resolution includes 8 articles, which establish the scope of the regulation, the subjects of application, the principles, regimes and responsibilities of the Minister of National Defense and Public Security, the rights and obligations of military and police companies. as well as the processing of joint venture projects and collaboration contracts that have been carried out since before the resolution.
Annual land use fees must be paid
Land for defense and national security is used in combination with production labor, economic construction in accordance with land use planning and national defense and security plans and approved land use plans by the competent agencies or persons. approval.
The resolution clearly establishes that defense and national security lands should not be used to contribute capital with rights to use the land for association contracts or joint ventures.
In the remaining cases, the annual land use tax must be paid on the basis of the specific area of the land, the price of the land in accordance with the land law, and the rate of non-military income. room, security. This money must be fully and promptly remitted to the state budget and estimates of income and expenses must be made in accordance with the provisions of the State Budget Law.
Do not mortgage or contribute capital with land use rights for defense and national security
The Resolution also assigns the Minister of National Defense and Public Security to submit to the competent bodies and persons to promulgate or promulgate according to their competence and organize the implementation of legal documents on management and use of land for defense and national security . combined with production work, economical construction.
In addition, review, formulate and adjust master plans and land use plans for defense and national security, ensuring a long-term territorial reserve for military, defense and security tasks.
The resolution also stipulates that military and police units and businesses can use land for defense, security, and land-related assets to perform labor production, economic construction, and payment tasks. Annual rates of land use according to regulations.
However, the resolution clearly establishes that units and companies cannot transfer, donate or lease rights to use the land; not mortgage or contribute capital with land use rights; not arbitrarily change the purposes of land use. In addition, it is not allowed to transfer, donate, lease, mortgage or contribute capital with property attached to the land.
Joint venture projects, ineffective joint ventures are canceled
The National Assembly Resolution also sets aside a separate article on land management for defense and national security for projects, land lease contracts, joint venture contracts and joint ventures that have been carried out and for investee companies. , divestments.
Specifically, the resolution requires the Ministry of National Defense and the Ministry of Public Security to review and evaluate the effectiveness of contracts for national defense, security, socio-economics, environment, joint venture or project association. before the effective date of this Resolution; make review reports and propose management plans.
Consequently, for a project, joint venture contract or partnership contract that is incorrect or ineffective, the project will be terminated, liquidated or revoked, joint venture or partnership contract; Military units, companies, police, organizations and individuals must comply with approved management plans, thoroughly overcome deficiencies and violations.
For projects, joint ventures or association contracts that are effective, consistent with local planning, and meet the requirements of military, defense and security tasks, they may continue to be executed until the expiration of the term. project, joint venture or partnership contract signed.
Without the need for national security and defense tasks, they will be delivered to the locality
The resolution also provides for the reorganization and disposal of homes and land by equipping and divesting capital. Specifically, for the location, the land that is no longer needed for military, defense and security tasks, is withdrawn from the planning of defense and territorial security and is transferred to the Provincial People’s Committee for its management and use.
For positions and areas of land for defense and national security necessary for military, defense or security tasks, the approved plans for the reorganization and management of homes and land will be applied.
For land use, land leasing for national defense and security contracts signed by the Ministry of National Defense or the Ministry of Public Security with military and police companies that have enabled or dispossessed capital before the effective date of this Resolution. If the land area must be permanently reserved for military, defense and security tasks, it can continue until the end of the contract.
The Resolution also assigns the Government to detail land management for defense and national security for projects, land lease contracts, joint venture contracts, implemented joint ventures, and for privatized and alienated companies. capital.
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