Vice Chairman of Hanoi People's Committee Bui Duy Cuong has signed and issued a decision on the recovery of 19,941.8m2 of land at No. 1-3 Tang Bat Ho, Hai Ba Trung ward managed and used by Hanoi Youth Cultural and Sports Palace (under Hanoi Youth Union).
The reason for recovery is implemented according to the provisions of Clause 1 and Clause 5, Article 81 of the 2024 Land Law and the provisions of Article 41 of the Law on management and use of public assets in 2017.
The City People's Committee assigned this recovered land area to Hai Ba Trung Ward People's Committee to receive, temporarily manage strictly, and prevent encroachment.
Hai Ba Trung Ward People's Committee notifies the Hanoi Youth Cultural and Sports Palace (under the Hanoi Youth Union), owners of assets attached to land, people with related rights and obligations (if any) within 30 days from the date the City People's Committee signs the Land Recovery Decision to be responsible for handing over the above-mentioned recovered land area to Hai Ba Trung Ward People's Committee for strict management and anti-encroachment according to regulations.
According to Lao Dong's records, at the Hanoi Youth Cultural and Sports Palace, many items show signs of degradation.
The fence system surrounding the campus in many locations has been rusty, degraded, and has not been repaired.
Some old, damaged vehicles are placed in a corner in the campus of the Hanoi Youth Cultural and Sports Palace.
Article 81 of the 2024 Land Law stipulates cases of land recovery due to violations of land law:
1. Using land for the wrong purpose that has been allocated, leased, and recognized for land use rights by the State and has been administratively sanctioned for the act of using land for the wrong purpose but continues to violate.
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5. Land allocated for management by the State but allowed to be encroached upon and occupied.
Article 41 of the Law on Management and Use of Public Assets in 2017 stipulates the recovery of public assets at state agencies:
1. Public assets are recovered in the following cases:
a) Workplace headquarters not used continuously for more than 12 months;
b) Being assigned a new headquarters by the State or investing in building another headquarters to replace it;
c) Assets used to the wrong objects, exceeding standards and norms; used for the wrong purpose, lent to;
d) Transferring, selling, donating, contributing capital, using assets to ensure the performance of civil obligations not in accordance with regulations; using public assets for business purposes, leasing, joint ventures, and associates not in accordance with regulations;
e) Assets that have been allocated, invested in construction, purchased but no longer need to be used or the use or exploitation is ineffective or reduced due to changes in organizational structure, changes in functions and tasks;
e) Must be replaced due to the requirement of technical and technological innovation according to the decision of the agency or person with authority;
g) State agencies assigned to manage and use voluntarily return assets to the State;
h) Other cases as prescribed by law.
2. State agencies with recovered assets are responsible for handing over assets to the agencies specified in Clause 3 of this Article in accordance with the recovery decision. It is strictly forbidden to dismantle or change parts of assets that have been recovered by decision.
3. Agencies assigned to perform the task of managing public assets specified in Clauses 1, 2 and 3, Article 19 of this Law are responsible for:
a) Organize the receipt of recovered assets according to the decision of competent agencies and persons; perform or authorize state agencies with recovered assets to perform the preservation, protection, maintenance, and repair of assets while waiting for handling;
b) Develop a plan to handle and exploit recovered assets and submit it to competent agencies and people for approval; organize the handling and exploitation of assets according to the plan approved by competent agencies and people.
4. Public assets recovered are handled in the following forms:
a) Assign agencies, organizations, and units to manage and use according to the provisions of Article 29 of this Law;
b) Transfer according to the provisions of Article 42 of this Law;
c) Selling, liquidating according to the provisions of Article 43 and Article 45 of this Law;
d) Destruction according to the provisions of Article 46 of this Law;
e) Other forms of handling according to the Prime Minister's decision.
