Land is one of the issues that easily cause conflicts as well as problems in planning and use. Every year, governments at all levels need to make land use plans. So about the matter “Annual land use plan at district level in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is land use plan?
Every year in our country, the competent authorities in accordance with regulations make master plans, land use plans based on the actual bases of land use and thereby to most accurately assess the land use needs of the people. people, each region to be able to adjust development policies and stabilize land.
Land use plan is the division of land use planning over time for implementation in the land use planning period.
Contents of the district’s annual land use plan
+ Analyze and evaluate the results of the implementation of the previous year’s land use plan;
+ Determine the area of land types that have been allocated in the provincial land use plan and the area of different types of land according to the use demand. projects on land use for the purposes specified in Articles 61 and 62 of this Law in the planning year to each commune-level administrative unit.
For projects of technical infrastructure, construction and embellishment of urban centers and rural residential areas, it is necessary to simultaneously determine the location and area of recovered land in the vicinity for auction of land use rights to implement the project. housing, commerce, service, production and business projects;
+ Determine the area of land types that need to be changed the purpose of use for the types of land subject to permission as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the planning year to each application. commune-level administrative positions;
+ Make a map of the district’s annual land use plan;
Solutions for implementing land use plans.
According to the above, we can see that the law has detailed regulations for the content of land use planning as above, but the planning of land use needs to meet the protection of natural resources. as well as protecting the environment, ensuring sustainable development as well as the possibility of climate change. without losing the existing historical sites that need to be preserved, the landscapes that have been confirmed to be protected, the land use needs of the localities, each field as well as the industries must also be suitable. with land use planning.
Authority to decide and approve land use plans
Article 45 of the 2013 Land Law stipulates the competence to decide and approve master plans and plans on land use as follows:
“1. The National Assembly shall decide on national master plans and plans on land use.
2. The Government shall approve provincial-level master plans and plans on land use; master plans and plans on land use for national defense; planning and security land use plan.
Provincial-level People’s Committees shall submit to the People’s Councils of the same level for approval the provincial-level master plans and plans on land use before submitting them to the Government for approval.
3. Provincial-level People’s Committees approve district-level master plans and plans on land use.
The district-level People’s Committees shall submit to the People’s Councils of the same level for approval the district-level land use master plans before submitting them to the provincial-level People’s Committees for approval.
The district-level People’s Committee shall submit the district-level annual land use plan to the provincial-level People’s Committee for approval. Provincial-level People’s Committees shall submit to provincial-level People’s Councils for approval the list of projects requiring land recovery as prescribed in Clause 3, Article 62 of this Law before approving the district-level annual land use plans.
Basis for making annual land use plan of district level
Clause 3, Article 40 of the 2013 Land Law stipulates the grounds for making annual district-level land use plans, including:
“a) Provincial land use plan;
b) District-level land use planning;
c) Land use demand in the planning year of sectors, fields and levels;
d) Ability to invest and mobilize resources to implement the land use plan.”
Based on the above grounds, the competent authority will proceed to:
– Analyze and evaluate the results of the implementation of the previous year’s land use plan;
– Determine the area of land types that have been allocated in the provincial land use plan and the area of land types according to the land use demand of the district and commune level in the plan year;
– Determine the location and area of land to be recovered for the implementation of works or projects using land for the purposes specified in Articles 61 and 62 of the Land Law in the planning year to each commune-level administrative unit. .
For projects of technical infrastructure, construction and embellishment of urban centers and rural residential areas, it is necessary to simultaneously determine the location and area of recovered land in the vicinity for auction of land use rights to implement the project. housing, commerce, service, production and business projects;
– Determination of the area of land types that need to be changed the use purpose for the types of land subject to permission as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law in the planning year to each commune-level administrative units;
– Map out the annual land use plan of the district level;
– Solutions to implement the land use plan.
Annual land use plan at district level in Vietnam
Article 49 of the 2013 Land Law provides for the implementation of master plans and plans on land use as follows:
” 3. The land area stated in the district-level annual land use plan which has been announced must be recovered for project implementation or the land use purpose must be changed but there is no decision on land recovery after 03 years or If the land use purpose has not yet been permitted to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of the acquisition or change of purpose for the land use purpose stated in the land use plan”.
If the district’s annual land use plan is suspended, according to the provisions of Clause 3, Article 49 of the 2013 Land Law, after 3 years, there is no decision on recovery or permission to change the use purpose. The approving authority must adjust, cancel and change the use purpose for the above area.
Article 49 of the 2013 Land Law provides for the implementation of master plans and plans on land use as follows:
“2. In case the land use planning has been announced but there is no 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 as prescribed under the 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.
According to the above regulations, both cases of use planning are published without a land use plan; or has an annual land use plan, the owner may exercise the right to transfer the land use right.
Order of making annual land use plans at district level
The order of making annual district-level land use plans is specified in Article 65 of Circular 29/2014/TT-BTNMT detailing the formulation and adjustment of master plans and plans on land use by the Minister of Natural Resources. and Environment issued, whereby:
The formulation of annual district-level land use plans for the remaining years shall be carried out in the following order:
1. Analyze and evaluate the results of the implementation of the previous year’s land use plan;
2. Making annual district-level land use plans;
3. Appraisal, approval and public announcement.
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Frequently asked questions
The change of land use purpose, in addition to the needs of land users, must also be based on the State’s decision on land use purposes through master plans, plans on land use, and annual land use plans. district level decided by the competent State agency.
For districts with urban planning approved by competent state agencies, the district-level land use planning is not required, but the district-level land use plan must be drawn up annually.
If the urban planning of the district is not consistent with the area allocated in the provincial planning, the urban planning must be adjusted in accordance with the provincial planning.
+ Ten-year land use orientation;
+ Determine the area of land types that have been allocated in the provincial land use planning and the area of land types according to the land use demand of the district and commune level;
+ Determine the land use areas according to the function of use to each commune-level administrative unit;
+ Determine the area of the land types identified at Point b of this Clause to each commune-level administrative unit;
+ Make a map of land use planning at district level; for the area planned for rice cultivation, the area planned for change of land use purpose specified at Points a, b, c, d and e, Clause 1, Article 57 of this Law, detail to each unit shall be shown. commune level administration;
+ Solutions for implementing land use planning.
Conclusion: So the above is Annual land use plan at district level in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
