How do state-owned enterprises use land when equitized?

The Ministry of Natural Resources and Environment has just issued detailed guidance on land use plans when equitizing state enterprises; elaborating and approving land use plans for public non-business units converted into joint stock companies.
Accordingly, the detailed content is stated in Circular No. 03/2021/TT-BTNMT of the Ministry of Natural Resources and Environment.

Specifically, when a state-owned enterprise is equitized, it is responsible for making a report on the current state of land management and use of the enterprise currently managing and using it up to the time of enterprise valuation and sending it to the owner. approval management. The contents of the report include: Total area, number of land plots being managed and used in each commune, ward, town and assets attached to each land plot; Forms and areas of land use according to each form include: The State allocates land without collecting land use levy; The State allocates land with collection of land use levy; The State allocates or leases land with exemption from land use levy and land rent; The State leases land with a one-time rental payment; The State leases land with annual rental payment; land due to legal transfer from other organizations and individuals; Term of land use (long term, remaining land use term in case of land use with definite term); The land area for which the certificate of land use right has been granted; the land area that has not been granted a certificate of land use right (specify reasons for not being granted a certificate of land use right and make recommendations); The land area is being used for the right purpose; Area of ​​land used for improper purposes; the land area allocated, leased, lent, contributed capital, joint venture, association or cooperation in contravention of the provisions of law; land area in dispute, encroachment or occupation; other cases (if any); The area is not put to use. Illustration. Regarding the proposal of land use plans upon equitization, state-owned enterprises shall base themselves on the provisions of law for each land area, number of plots, form of use, and land use term of each land area. each land plot is proposed to be retained and used in each commune, ward and township. From there, compare and contrast the land use plan upon equitization with the master plan, land use plan, construction planning (if any), the plan to rearrange and handle houses and land according to regulations. of the law on management and use of public property; The land use plan as prescribed in Decree No. 118/2014/ND-CP has been approved by the competent authority according to the following contents: Areas of different types of land conform to master plans, plans on land use and construction planning (if any) and there is no change compared to the plan for rearrangement and treatment of houses and land already approved with the right of approval. approved in accordance with the law on management and use of public assets, land use plans as prescribed in Decree No. 118/2014/ND-CP. Areas of different types of land not conforming to master plans, plans on land use and construction planning (if any), with changes compared to the plan for rearranging and handling houses and land in accordance with the law on land management. management, use of public property, land use plan according to the provisions of Decree No. 118/2014/ND-CP approved. The land area of ​​the enterprise allocated, leased or transferred in accordance with the law arising from the time of approving the plan for rearrangement and handling of houses and land in accordance with the law on management and use public property use, land use plan as prescribed in Decree No. 118/2014/ND-CP up to the time of enterprise valuation. The land area not subject to rearrangement and handling of houses and land in accordance with the law on management and use of public property and the land area not included in the land use plan as prescribed in Decree No. 118 /2014/ND-CP (if any). For the land area that has changed compared with the planning, land use plan, local construction planning (if any) or different from the land use purpose according to the plan on rearrangement and treatment of houses and land according to the provisions of law on management and use of public property; land use plan according to the provisions of Decree No. 118/2014/ND-CP; If the area is not included in the land use plan specified in Clause 2 of this Article, the handling shall comply with the provisions of Clause 15, Article 1 of Decree No. 140/2020/ND-CP.