5 strategies for reallocating houses and land

The rearrangement and handling of houses and land aims to exploit financial resources from houses and land to serve socio-economic development. Photo: Internet

Within the framework of the Conference on the implementation of certain provisions of the Law on Management and Use of Public Assets (amended and supplemented) organized by the Ministry of Finance on the afternoon of January 14, 2025, the leadership of the Public Asset Management Department (Ministry of Finance) provided information on the key contents of Decree No. 03/2025/ND-CP on the rearrangement and disposal of public-owned houses and land.

According to Mr. Nguyen Tan Thinh, Director of the Public Asset Management Department (Ministry of Finance), the rearrangement and disposal of houses and land aims at important objectives.

Accordingly, the Decree aims to rectify and maintain the management and use of houses and land to ensure compliance with regulations; to thoroughly eliminate the situation of wasteful land use leading to the loss of public assets.

At the same time, it aims to exploit financial resources from land and houses to serve socio-economic development and contribute to promoting urban development in a civilized, modern, and sustainable manner.

With strict regulations, Decree No. 03 is expected to help realize these goals as soon as possible.

According to Mr. Nguyen Tan Thinh, based on the Law on Management and Use of Public Assets (amended and supplemented) recently passed by the National Assembly under Law No. 56, based on the nature, characteristics of land management, and the actual implementation in the past, the Government's Decree No. 03 has prescribed 5 forms of rearrangement and disposal of houses and land of agencies, organizations, and units.

Mr. Nguyen Tan Thinh, Director of the Department of Public Asset Management.

There are five forms, including: continued use; recovery; transfer; transfer to local authorities for management and disposal; and temporary continued use.

Accordingly, the form of continued use is applied to houses and land that are currently being used in accordance with the purpose assigned by the State, leased, changed land use purpose, converted the function of the property, recognized land use rights, received land use transfer, invested in construction, and purchased.

Meanwhile, the form of temporary continued use is applied to houses and land that have been assigned or arranged as housing without proper authority and do not meet the conditions for transfer to local authorities for management and disposal as prescribed in Clause 1 Article 13; the use of a part of the house or land in violation of regulations and cannot be separated into an independent area with a separate entrance.

According to Mr. Nguyen Tan Thinh, the form of recovery is applied in cases where: houses and land are not used continuously for more than 12 months, except in cases where procedures are being carried out to implement an investment project in accordance with the law but do not fall under the case of recovery as prescribed by land law.

At the same time, cases of donating, contributing capital, lending, leasing, joint ventures, joint ventures, using houses and land to secure the performance of civil obligations in violation of regulations, except for houses and land that are subject to cases that have been accepted by the competent people's court.

Moreover, houses and land that are used inefficiently or have reduced demand due to changes in the organizational apparatus, changes in functions and tasks are also recovered.

The form of transfer is applied in cases prescribed in points b, c, d and dd Clause 1 Article 42 of the Law on Management and Use of Public Assets and is implemented when the specific recipient is identified.

Meanwhile, the form of transfer of houses and land to local authorities for management and disposal is carried out in cases where: houses and land that have been assigned or arranged as housing without proper authority before the Law on Land 2024 came into effect have an independent premises or can be separated from the premises of the house, land, with a separate entrance, which the agency, organization, or unit no longer needs; houses and land that do not fall under the case prescribed in point a above and that the agency, organization, or unit no longer needs.

Along with the provisions on forms of rearrangement and disposal of houses and land, Decree No. 03 also clearly stipulates the authority to approve the plan for rearrangement and disposal of houses and land.

Accordingly, the Prime Minister approves the plan for the rearrangement and disposal of houses and land transferred from ministries, central agencies, and localities to the Ministry of National Defense, the Ministry of Public Security where such land is not yet included in the national defense and security land use planning, on the basis of a proposal from the Minister, Head of a central agency, or Chairman of the Provincial People's Committee.

The Minister of Finance approves the plan for the rearrangement and disposal of houses and land that are transferred between ministries, central agencies, between the central government and localities, and between provinces and centrally-governed cities, except for the cases of transfer stipulated in Clause 1 above.

The Minister, head of the central agency, approves the plan for the rearrangement and disposal of houses and land owned by agencies, organizations, and units under their management, except for the cases stipulated in Clauses 1 and 2 above.

The People's Committee of the province approves the plan for the rearrangement and disposal of houses and land of agencies, organizations, and units under the management of the locality (including houses and land of agencies, organizations, and units under the management of that locality in other localities), except for the cases stipulated in Clauses 1 and 2 above.