【越南土地法】工業區土地未使用有可能導致政府徵收?!

小編最近開始忙碌起來更新頻率會降低很多,疫情延宕工業區的土地建設停頓了一陣子,之前在工業區的土地依照投資計畫時程要準備蓋廠了,小編也有寫過好幾篇建廠的土地文…

【越南不動產】前進工業區指南 

越南_ 建廠流程

【越南不動產】建廠遲延了,該怎麼辦??

【越南建廠】同意延長建廠後隨時要注意?!

參照越南土地法規定…

最近小編又要開始繼續追蹤建廠進度,原則上在越南工業區中建廠需要依照投資計畫上的時程表進行,為了避免土地被浪費或有炒地皮的嫌疑,工業區土地未使用是有可能導致政府徵收的。

依據越南土地法(45/2013/QH13)第64條規定若連續12個月未使用、未符合投資項目進度或延長後仍未使用土地,國家可無償回收土地及其附屬資產。

 

45/2013/QH13

Article 64. Land expropriation due to violations of land law

  1. Cases of land expropriation due to violations of the land law include:

a/ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

b/ Land users intentionally damage land;

c/ Land was allocated or leased to wrong subjects or ultra vires;

d/ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;

e/ Land that is allocated by the State for management is encroached or occupied;

f/ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;

g/ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;

h/ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

  1. Land expropriation due to violations of the land law must be based on documents and decisions issued by state agencies which are competent to determine violations of the land law.
  2. The Government shall detail this Article.