Order and procedures for applying for information to look up land planning in Vietnam

In the current period of economic development; the use of land must be consistent with master plans and plans on land use. The State implements land use planning through the allocation and zoning of land according to the space used for the purposes of socio-economic development, national defense and security, etc. However; When required, land users can request competent state agencies to provide planning information. So, what is the order and procedure for applying for information to look up land planning? Below is the content of the above issue of Lawyer X!

Legal grounds:

Land Law 2013

Construction Law 2014

Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government: detailing a number of contents on construction planning.

How to provide planning information?

The land use planning is carried out in phases; each period is 10 years. The State shall base itself on the strategy of socio-economic development, national defense and security; master plan on development of socio-economic regions; strategies and master plans for development of sectors and fields together with natural conditions and current land use status of sectors and fields in order to develop appropriate land use plans. After being decided and approved by a competent state agency, land use master plans and plans must be publicly announced.

However, land users can request to provide planning information, based on Clause 4, Article 28 of the 2013 Land Law:

“4. State agencies and persons competent in land management and use are responsible for facilitating and providing information on land to organizations and individuals in accordance with law.”
According to Article 43 of the Law on Construction 2014; There are real images providing information on construction planning as follows: publicizing construction planning project dossiers; construction planning explanation; provide written information. Land users can choose the form that suits their information needs. Specifically, the application for planning information is done through the procedures for requesting planning information as follows:

Step 1: Prepare documents to provide planning information

A dossier of provision of planning search information includes the following documents:
– An application for provision of information on land use planning;
– Text explaining the content;
– Location map and main board or certified copy according to the provisions of law on survey maps of 1/500 scale or 1/200 scale made by a legal entity, time not more than 3 years;
– Legal papers on land use rights;
– Other documents as prescribed by law.

Step 2: Submit an application to provide planning information

After preparing the dossier; the person who carries out the application procedure at the Department of Planning and Architecture. In case the dossier is valid; the application-receiving officer returns the appointment form to obtain the results to the applicant. In case the application is not valid; the dossier-receiving officer shall guide the person to carry out additional procedures.

Step 3: Settlement of records

Construction planning management agencies are responsible for providing information on construction sites, construction boundaries, red line boundaries, construction cores and other information related to planning when requested by land users. within the scope of the construction planning project under their management.

People’s Committees at all levels are responsible for organizing the reception; handle; and provide information.
No later than 15 days from the date of request; the construction planning management agency shall provide written information to the requesting agency, organization or individual.

Transfer of land use rights in the area of ​​planning

For land in the planning area; some rights of land users are restricted. Specifically, according to Clause 2, Article 49 of the 2013 Land Law:
“2. In case the land use planning has been published without an annual land use plan at the district level, the land user may continue to use the land and exercise the rights of the land user in accordance with the provisions of law. .

In case there is an annual land use plan of the district level, the land users in the area must change the land use purpose and recover the land according to the plan to continue exercising the rights of the land users but not to build new houses, works, plant perennial trees; if land users wish to renovate or repair existing houses or works, they must obtain permission from competent state agencies in accordance with law.”

Pursuant to the above provisions; when there is an annual land use plan of the district level; land users can still exercise their transfer rights; bequeathed to an inheritance… and restricted for the construction of new houses; construction; perennial crops.

Can land under planning be sold?

Case 1: Inner land included in the announced land use planning but without an annual land use plan of the district level is allowed to sell and exercise other rights such as: donation, inheritance, conversion capital contribution by land use right, mortgage…

Case 2: Land in the planning with an annual land use plan of the district level; shall still be able to exercise the rights of land users until a decision on land recovery is issued; or change the purpose of land use as planned. However, some rights will be restricted such as: Not building new houses, works, planting perennial trees….

Service of looking up information on planning, Lawyers

For the most convenient and fastest way for customers to look up planning information as well as solve related legal issues. Lawyer X would like to introduce a quick, convenient, cost-effective, and absolutely confidential consulting service for planning information. As follows:

Service of looking up and checking planning information

Step 1: You send a photo of the land use right certificate and locate the land address to be looked up via google maps to Lawyer X

Step 2: Lawyer X receives the dossier and looks up the information about the date to return the results;

Step 3: Within 03 working days. Lawyer X will give detailed feedback on the status of the land plot depending on the service package selected by the client, including: Planning information; volatile information; transaction, mortgage, current legal status.

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