Decision No. 39/2019/QD-UBND dated December 20, 2019 on expropriation of the land in industrial zones, industrial complexes and trade villages that has not been used or delayed in use in Binh Duong province

DECISION

ON EXPROPRIATION OF THE LAND IN INDUSTRIAL ZONES, INDUSTRIAL COMPLEXES AND TRADE VILLAGES THAT HAS NOT BEEN USED OR DELAYED IN USE IN BINH DUONG PROVINCE

PEOPLE’S COMMITTEE OF BINH DUONG

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government on guidelines for the Law on Land;

Pursuant to the Decree No. 01/2017/ND-CP dated January 6, 20174 of the Government on guidelines for the Land on Law;

At the request of Director of the Department of Natural Resources and Environment in the Statement No. 576/TTr-STNMT dated October 9, 2019.

HEREBY DECIDES:

Article 1. Scope

This Decision set forth the expropriation of the land in industrial parks, industrial complexes and trade villages that has not been used or delayed in use in Binh Duong province, in specific:

1. Land expropriation in cases where the land lessee or sub-lessee executes an investment project but fails to put the land to use, is delayed on the land use schedule as concluded in the land lease or sub-lease contract with the enterprise engaged in infrastructure investment and business (hereinafter referred to as infrastructure enterprise) in industrial parks, industrial complexes and trade villages.

2. Land expropriation in case of land lease or sublease in industrial parks, industrial complexes, trade villages before March 3, 2017 but the lessee or sub-lessee fails to put the land to use or delays the land use for 36 months as compared with the schedule indicated in the land lease or sublease contract or more than 36 months from the date of issue of the land use right certificate, ownership of house and property on land if the parties have not agreement on the schedule of putting the land to use in the land lease or sublease contract.

3. The land expropriation under Clauses 1 and 2 of this Article is not applicable to force majeure cases specified in Clause 1, Article 15 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 on guidelines for the Land Law.

Article 2. Regulated entities

1. Domestic organizations; domestic households and individuals; overseas Vietnamese; foreign-invested enterprises (hereinafter referred to as organizations or individuals) that perform investment projects in the form of land lease or sublease in industrial parks, industrial complexes or trade villages.

2. Infrastructure enterprises in industrial parks, industrial complexes or trade villages.

3. Regulatory agencies and units in charge of management of natural resources and the environment, investment and land management in industrial parks, industrial complexes or trade villages.

Article 3. Responsibilities of infrastructure enterprises in industrial parks, industrial complexes or trade villages

1. Manage and use the land, leased by the State, with proper purposes and within boundaries of industrial parks, industrial complexes or trade villages.

2. The land lease or sublease contract must specify the following:

a) The land use schedule must correspond to the project schedule and actions taken if the lessee or sub-lessee fails to put the land into use or delays the land use as compared with the schedule indicated in the contract.

b) The lessor or sub-lessor has the right to unilaterally terminate the land lease or sub-lease contract if the lessee or sub-lessee fails to put the land into use or is behind the land use schedule compared to the schedule indicated in the contract.

3. Regularly inspect, monitor and urge the land lessee or sub-lessee to put the land to use according to the schedule stated in the contract.

4. Make a list of cases of land lease, land sublease without putting land into use, delay in using land as agreed in land lease or sublease contract, except for force majeure cases specified in Clause 3 Article 1 of this Decision:

a) Inspect the land lessee or sub-lessee that fails to put the land into use or is behind the land use schedule as specified in the land lease or sub-lease contract.

b) Make a written request for the lessee or sub-lessee to take measures to put the land to use; the content of the request must specify the land area and schedule with the certification of the land lessee or sub-lessee.

c) Make a list of cases where land is not put into use or delayed in use, and report to the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, the People's Committee of the province, and the Management Board of Industrial Parks of Binh Duong, Vietnam - Singapore Industrial Park Management Board, Department of Industry and Trade, Department of Agriculture and Rural Development, Department of Planning and Investment, Department of Natural Resources and Environment.  Agencies that receive the reports and infrastructure enterprises in industrial parks, industrial complexes or trade villages are responsible for publishing a list of cases of not putting land into use or delaying land use schedule on their websites.

5. Send annual reports to the General Department of Land Administration, the People's Committee of the province and make public the area of ​​land that has not been leased or subleased in the industrial parks, industrial complexes or trade villages on their websites.

6. Receive, manage and formulate the use plan for the violated land area of ​​the lessee or sub-lessee after the decision on land expropriation of the provincial People's Committee is issued.

Article 4. Procedures for land expropriation in case the lessee or sub-lessee fails to put the land to use or is behind the land use schedule

1. If the land lessee or sub-lessee, despite completion of procedures specified in Clause 4, Article 3 of this Decision, still fails to put the land into use or is delayed in the land use schedule, the infrastructure enterprise in industrial park, industrial complex or trade village is responsible for reporting and proposing to the Binh Duong Industrial Park Management Board or the Vietnam - Singapore Industrial Park Management Board, the Department of Industry and Trade, or the Department of Agriculture and Rural Development shall advise the People's Committee of province to set up an inspection team according to regulations.

2. Considering the reports and recommendations of the Binh Duong Industrial Park Management Board, the Vietnam - Singapore Industrial Park Management Board, the Department of Industry and Trade, the Department of Agriculture and Rural Development, and the People's Committee of province shall make a decision to set up an inspectorate as a legal basis.  After the result of the inspection is available, the inspectorate shall advise the People's Committee of province to consider taking further actions as per the law.

3. After obtaining the conclusion of the People's Committee of province, the cases of failure to put the land into use or delay in the land use schedule shall be handled.  The Department of Natural Resources and Environment shall advise and request the People's Committee of province to expropriate the land area in violation of ​​the lessee or sub-lessee and assign the land to the infrastructure enterprise in industrial park, industrial complex or trade village.

4. The infrastructure enterprise in industrial park, industrial complex or trade village shall manage, use and further lease or sub-lease the above-mentioned land area to the investors.

5. The handling of related rights and obligations between the infrastructure enterprise in industrial park, industrial complex or trade village and the land lessee or sub-lessee shall comply with the provisions of civil law.

Article 5. Responsibilities of the Departments, branches and the People's Committees of districts

1. Department of Natural Resources and Environment

a) Periodically urge and send written reminders to infrastructure enterprises in industrial park, industrial complex or trade village to report on the land management, use and land lease and sublease in the industrial park, industrial complex, or trade village.

b) Coordinate in inspecting and proposing the handling of any case where the lessee or sub-lessee of land in the industrial park, industrial complex or trade village does not put land into use or delays the land use schedule.

c) Advise and file to the People's Committee of province the decision on land expropriation from the lessee or sub-lessee in violation of the law.

d) Take charge and cooperate with Departments, branches and People's Committees of districts in implementing this Decision.  Send annual reports on implementation results to the People’s Committee of province.

2. Binh Duong Industrial Park Management Board, the Vietnam - Singapore Industrial Park Management Board, the Department of Industry and Trade, the Department of Agriculture and Rural Development

a) Periodically, Binh Duong Industrial Park Management Board, the Vietnam - Singapore Industrial Park Management Board, the Department of Industry and Trade, the Department of Agriculture and Rural Development shall review and advise the People's Committee of the province to set up inspectorates to examine the land management and use by organizations and individuals that lease or sublease land in industrial parks, industrial complexes or trade villages according to in accordance with the law.

b) Perform regulatory agencies’ tasks in industrial parks, industrial complexes or trade villages in accordance with regulations.

3. Responsibilities of the Departments, branches and the People's Committees of districts:

a) Based on the assigned functions and tasks, cooperate with the Department of Natural Resources and Environment in implementing land-related administrative procedures in accordance with the land law and this Decision.

b) Cooperate with the Department of Natural Resources and Environment in solving problems related to land expropriation, land allocation, land lease, and change of land use purposes.

Article 6. Implementation

In case of difficulties arising during the implementation of this Circular, Departments, branches and infrastructure enterprises in industrial parks, industrial complexes or trade villages, and relevant organizations and individuals should report to the Department of Natural Resources and Environment for consolidation and the People’s Committee of province shall make further directions.

Article 7. Entry in force

This Decision comes into force as of January 1, 2020.

Chief Officer of the People's Committee of province; Directors of the Department of Natural Resources and Environment, Department of Planning and Investment, Department of Industry and Trade, Department of Agriculture and Development; Manager of Binh Duong Industrial Park Management Board, the Vietnam - Singapore Industrial Park Management Board, the Presidents of People’s Committees of districts, towns, cities; infrastructure enterprises in industrial parks, industrial complexes and trade villages; lessees and sub-lessees of land in industrial parks, industrial complexes and trade villages; heads of relevant agencies, organizations and individuals shall implement this Decision./.