1. What is land in the road traffic safety corridor?

Pursuant to the provisions of Clause 5, Article 3 of the Law on Road Traffic 2008, stipulates that “Road safety corridor is a strip of land along both sides of the land of a road, measured from the outer edge of the land to both sides to ensure safety. road traffic safety”.

Pursuant to Clause 1, Article 157 of the 2013 Land Law, land for construction of public works with safety corridors is as follows:

Land for construction of public works with safety corridors includes land for construction of traffic, irrigation, dike systems, water supply systems, drainage systems, waste treatment systems, and electricity, petroleum, gas, communications, and soil under the safety corridor of these works”.

2. Regulations on land use in public works corridors and traffic safety corridors

Pursuant to Article 157 of the 2013 Land Law and guided by Article 56 of Decree 43/2014/ND-CP, organizations directly managing public works with safety corridors are responsible for presiding over and coordinating with the People’s Committees of communes, wards and townships and the Division of Natural Resources and Environment where the works are located, to review the current land use status within the safety corridors of the works to propose competent agencies to settle according to the following provisions:

– In case the use of land affects the protection of the safety of public works or where the operation of the works directly affects the life and health of the land users, the agency with management function shall The State management over the works shall conduct the assessment of the level of impact. If the land must be recovered, it shall be proposed to the competent People’s Committee to decide on the recovery of such land.

Persons whose land is recovered will be compensated and supported with land and properties attached to the land that existed before the announcement of the construction safety corridor, and are resettled in accordance with law.

In case the land use affects the safety protection of the works, the work owners and land users must take remedial measures. The owner of the work shall be responsible for such remedial work; If it cannot be remedied, the State will recover the land and the people whose land is recovered will be compensated, supported and resettled in accordance with law.

– In case the land is not used in the above case, the person using the land in the corridor may continue to use the land for the specified purpose and must comply with the regulations on safety protection of the works.

– The land in the corridor shall be granted a Certificate if all conditions are met, unless there is a notice of land acquisition or a decision on land recovery.

The certificate holder may only use the land for the right purpose of that land.

Thus, according to regulations, the land area belonging to the road traffic safety corridor is still used. However, certain rights will be restricted when using and complying with the provisions of law when revoked by the state.

3. Can land in the road traffic safety corridor be issued with a Red Book?

Pursuant to Point c, Clause 4, Article 56 of Decree 43/2014/ND-CP stipulates:

“Land within the construction safety corridor shall be granted a certificate of land use rights, ownership of houses and other land-attached assets, in case the conditions are met for issuance of a certificate of land use right, ownership of houses and other land-attached assets in accordance with the Land Law, except for cases where a notice of land recovery or a decision on land recovery has been issued.

The person who is granted a Certificate of land use rights and ownership of houses and other land-attached assets may only use land as prescribed in Point b of this Clause.”

Pursuant to the above provisions, if the conditions are satisfied, a Certificate will be granted as prescribed, unless a decision on land recovery or notice on land recovery has been issued.

In other words, land in the road traffic safety corridor will still be granted a Certificate if that land is used before the time of public works safety corridor announcement and is eligible for grant.

4. Is the land in the corridor of public works allowed to build houses?

Pursuant to Article 43 of the Road Traffic Law 2008 on the land area for roads. Specifically:

“1. The land area reserved for roads includes land of roads and land of road safety corridors.

2. Within the land area reserved for roads, other works may not be built, except for a number of essential works that cannot be located outside that scope but must be permitted by a competent authority, including restoration works. defense and security services, works in service of road management and exploitation, telecommunications, electricity, water supply and drainage pipelines, gasoline, oil and gas.

3. Within the land area of ​​the road safety corridor, apart from complying with the provisions of Clause 2 of this Article, it may temporarily be used for agricultural or advertising purposes but must not affect the safety of works. road traffic safety. The placement of billboards on the land of the road safety corridor must be approved in writing by the competent road management agency.

4. People who are currently using legally recognized land and that land is located within the road safety corridor may continue to use the land according to the defined purposes and must not obstruct the safety protection. construction road”.

Thus, land belonging to the road traffic safety corridor may not build houses or other works except for the works specified in accounts 2 and 3 of the above law.

Above is the advice of Khoa Tin on “Regulation of land in the road traffic safety corridor”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.