The Government has promulgated Decree 140/2020/ND-CP amending and supplementing a number of articles of the Government Decree No.126/2017/ND-CP dated November 16, 2017 stipulating the transformation of State-owned enterprises and one-member limited liability companies with 100% charter capital invested by State-owned enterprises into joint stock companies, in which regulations on the land use plan upon equitisation are supplemented.

Illustrative photo: Internet 

The land use plan upon equitisation is the set of proposals on land use form consistent with the the approved local master plan, land use plan, construction plan (if any), and publicises land areas of the equitised enterprise and one -member limited liability companies with 100% charter capital invested by the equitised enterprise to the date of enterprise valuation to submit to authorities for review and approval.

Based on plans for the rearrangement and handling of houses and land under the law on management and use of public assets, land use plans stipulated in Decree No. 118/2014/ND-CP approved by agencies, the demand for land use of enterprises upon equitisation and the time for enterprise valuation, the Steering Committee willdirect enterprises to develop land use plans, including the entire land area of ​​the equitised enterprise and the one-member limited liability companies with 100% charter capital invested by the equitised enterprise at the time of the enterprise valuation (including the area of ​​land not subject to reallocation and handling of houses and land in accordance with the law on management and use of public assets and the land area not subject to the land use plan as prescribed in Decree No.118/2014/ND-CP of the Government - if any).

The equitised enterprise shall report to the owner's representative (for an equitised enterprise that is a one-member limited liability company with 100% charter capital invested by a State-owned enterprise and reporting to the members' xouncil or the president of the enterprise whose 100% charter capital is held by the State) and consult localities on the land use plan upon equitisation.

Within three months after receiving the request from the owner's representative, the People's Committee of the provinces or centrally-run cities where the land area is managed and used by the enterprise must give written answers on the land use plan upon equitisation.

The People's Committees of provinces and centrally-run cities are responsible for commenting on the area of ​​land that the enterprise will continue to use when equitising, and providing specific land prices for the allotted land area in accordance with the land law to serve as a basis for the valuation of the enterprise.

At the same time, direct review and handling of responsibilities of organisations and individuals involved in delays in giving official opinions on the land use plan upon equitisation, leading to the reassessment of enterprise value.

Delays in commenting on the enterprise's land use plan are considered a basis for the evaluation and classification of cadres and civil servants in accordance with the law on cadres and civil servants.