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The official dispatch states: In order to further accelerate the restructuring and handling of houses and land according to Resolution No. 74/2022/QH15 of the National Assembly , and at the same time strengthen the management, use, and handling of houses and land, especially those of state-owned enterprises, for the right purpose and effectively, avoiding loss and waste, and creating conditions for state agencies, organizations, units, and enterprises to complete legal land dossiers and stabilize land lease fees, the Prime Minister requests Ministers, Heads of ministerial-level agencies, agencies under the Government, and other central agencies; Chairmen of People's Committees of provinces and centrally-administered cities; Chairmen of companies/Boards of Members/Boards of Directors of state-owned corporations and general companies established by the Prime Minister to focus decisively on implementing the following tasks and solutions:
Regarding the restructuring and handling of houses and land, Ministers, heads of ministerial-level agencies, government agencies, other central agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities shall direct agencies, organizations, and units under their management to decisively accelerate the restructuring and handling of houses and land within the scope of restructuring and handling according to the Government's regulations on restructuring and handling of public assets, ensuring the completion of the restructuring in accordance with Resolution No. 74/2022/QH15 of the 15th National Assembly on promoting the implementation of policies and laws on practicing thrift and combating waste.
The Chairman of the Provincial People's Committee directs local functional agencies to promptly receive houses and land from agencies, organizations, and units whose recovery plans have been approved by competent authorities, and transfer them to local management and handling in accordance with the law; avoiding procrastination and delays, causing waste; receiving information, reviewing, and resolving cases requiring completion of legal documents regarding houses and land of agencies, organizations, and units under local and central government management in the area.
For properties lacking land use rights certificates and ownership certificates for assets attached to the land, local authorities shall, based on the origin, relevant legal documents, and land law regulations, consider and issue land use rights certificates and ownership certificates for assets attached to the land to agencies, organizations, and units in accordance with the law, without waiting until the restructuring and processing are completed, thus avoiding difficulties for agencies, organizations, and units in completing legal documents related to the properties.
Regarding the management and use of state-owned enterprises' land and buildings, ministries, sectors, localities, representative agencies of state-owned enterprises, and state-owned enterprises themselves shall continue to fully, seriously, and effectively implement the Party's viewpoints and policies, relevant State laws, and Prime Minister 's Directive No. 47/CT-TTg; focusing on the following tasks and solutions:
People's Committees at all levels direct local functional agencies to review and complete the legal land dossiers of state-owned enterprises (including those that have been equitized) in accordance with the law, ensuring compliance with regulations and avoiding inconvenience and difficulties for enterprises.
Expeditiously take over the houses and land of state-owned enterprises for which the competent authority has approved the recovery plan, and transfer them to local authorities for management and handling in accordance with the law; avoid procrastination and delays, which would cause waste.
The government is determined to reclaim land from state-owned enterprises that use land for purposes other than those assigned, leased, or recognized by the State; lend or lease land in violation of regulations; allow encroachment or illegal occupation of land assigned by the State; fail to put land into use or are behind schedule compared to the schedule stated in the investment project; fail to fulfill financial obligations to the State; reduce or no longer have a need for land use; and other cases as prescribed by law. Land allocation and leasing must comply with land law and related laws, be transparent, open, and effective.
Directing local specialized agencies on planning, land, and construction to provide guidance and administrative information on planning, land, and construction related to housing and land facilities, so that agencies, organizations, units, and businesses can manage and handle them.
The agency representing the owner of a state-owned enterprise directs the state-owned enterprise to strictly comply with the provisions of the law on land, the law on the management and use of state capital invested in production and business in the enterprise, the law on auction, the law on equitization, and other relevant laws in the management, use, and handling of houses and land.
State-owned enterprises managing and using land and buildings must: Use land for its intended purpose and within the correct boundaries; declare and register land; fulfill financial obligations related to land in accordance with the law; complete all procedures when exercising land use rights; implement land protection measures; return land when the State reclaims it and fulfill other obligations of land users as prescribed by law; proactively coordinate with relevant local specialized agencies to review and complete legal land documents in accordance with the law. The legal representative of the state-owned enterprise is responsible to the State for the use of land by their enterprise.
Reviewing properties and land under management that have been approved by competent authorities for recovery and transfer to local management and handling in accordance with the law; proactively contacting, urging, and coordinating with provincial People's Committees and local functional agencies to ensure the handover and effective use of properties and land, avoiding loss and waste; ending the use of properties and land for purposes of renting, lending, housing, joint ventures, partnerships, etc., that are not in accordance with regulations; and holding accountable the collectives and individuals who violate the regulations.
The agencies responsible for inspection and supervision shall conduct inspections and audits, promptly detect and strictly handle violations in land management and use at state-owned enterprises in accordance with the law, ensuring transparency, preventing losses, waste, and corruption.
Ministries, central agencies, and provincial People's Committees shall coordinate with agencies of the National Assembly, National Assembly delegations, People's Councils of provinces and centrally-administered cities, and the Vietnam Fatherland Front to supervise the compliance with laws on the management and use of houses and land in state-owned enterprises, ensuring that they comply with legal regulations.
Source: https://baobacninhtv.vn/day-nhanh-tien-do-va-tranh-lang-phi-khi-sap-xep-lai-xu-ly-nha-dat-tai-co-quan-to-chuc-don-vi-postid430362.bbg
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