In Vietnam, land is a valuable asset that is concerned by both the government and indicviaduals. Land use planning for different purposes such as investment, construction of new residential areas, … When planning land use, it must follow the order and procedures prescribed by law. So about the matter “Regulations on appraisal of land use planning in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is the land under the new residential area planning?
Under Land Law 2013, land under the new residential area planning is the type of residential land used for the construction of houses and works serving the lives of people and households within a certain scope. Residential land is usually a large area of land in which there is a clear division between the plots of each household. Normally, the density of housing construction on residential land in urban areas will be higher than in rural areas.
How to know the land is in the planning?
The land planning in each locality is not the same; and may also change over time; furthermore, this plan may or may not be public; so if people want to find out if this land is under planning or not; can be found by the following methods.
• Check the planning based on information on the red book (land use right certificate) or pink book (land use right certificate and land-attached assets).
In case the land has been registered; Normally, planning information will still be recorded directly on the certificate of use right. Information about the planning will be in the notes section; which also indicates what planning area this land lot is in. Land buyers can consider whether the plan is suitable for them to carry out land purchase.
• Thanks to the real estate company, planning service.
Since companies working in the housing sector are land-based businesses; so they will also understand this planning issue, asking a company dealing in the housing sector will help them get planning information more quickly and easily.
• Learn about land planning at competent state agencies.
The local competent state agency that has information on land use plans and master plans is the local land registration office (district-level Department of Natural Resources and Environment). This is the state agency that manages local land; so they are the party who knows best how the land is in the planning; So when people come to the Department of Natural Resources and Environment to ask, they will get accurate information for themselves.
And to be more sure, land buyers can apply for a Certificate of Planning Confirmation of the land they intend to buy, this will help to have accurate and clear information. However, in terms of time, it may take a long time because the time to get the certificate confirmed will be 10-15 days depending on the locality.
There are many ways to determine whether land is in the planning stage, or in what planning category, you can choose the most suitable and convenient way for you.
How is the land use planning regulated?
According to Article 43 of the 2013 Land Law, the collection of opinions on land use planning is regulated as follows:
The collection of opinions on national land use planning, defense land use planning and security land use planning shall comply with the provisions of the law on planning.
The collection of opinions on the district-level land use planning shall be carried out as follows:
• District People’s Committees are responsible for collecting opinions on district land use planning;
• The collection of comments from agencies, organizations, individuals and communities on district-level land use planning is done in the form of:
Organize conferences, collect opinions directly and publicize information on the content of the land use planning on the websites of the Provincial People’s Committees and the District People’s Committees;
• Contents of consultation on district-level land use planning include land use planning criteria, construction projects implemented during the land use planning period;
• The time for collecting comments on the district-level land use planning is 30 days from the date the competent state agency decides to organize the consultation;
• The district-level People’s Committee is responsible for making a general report, absorbing and explaining the opinions of the people and completing the district-level land use planning plan before submitting it to the District-level Land Use Planning Appraisal Council. .
Regulations on appraisal of land use planning in Vietnam
The appraisal of land use planning is prescribed in Article 44 of the Land Law 2013 as follows:
The appraisal of national land use planning, defense land use planning and security land use planning shall comply with the provisions of law on planning.
Competence to establish a council to appraise national land use plans, defense land use plans, security land use plans, provincial land use plans, land use master plans and land use plans District land is defined as follows:
• The Prime Minister establishes the National Land Use Plan Appraisal Council.
The Ministry of Natural Resources and Environment is responsible for assisting the Appraisal Council in the process of appraising the national land use plan;
• The Minister of Natural Resources and Environment establishes a Council to appraise the national defense land use plan, the security land use plan, and the provincial land use plan.
The central land management agency is responsible for assisting the Appraisal Council in the process of appraising the land use plan;
• The Chairman of the Provincial People’s Committee establishes the Council to appraise the district-level land use planning and plan.
Provincial and district land management agencies are responsible for assisting the Appraisal Council in the process of appraising district-level land use master plans and plans.
• The Appraisal Council is responsible for appraising and sending a notice of the appraisal results of the land use master plan and plan to the competent land use planning and planning organization organization.
The agency organizing the formulation of master plans and plans on land use shall be responsible for receiving and explaining according to the notification of results of appraisal of land use master plans and plans.
In case of necessity, the Appraisal Council organizes field inspections and surveys of areas where land use purposes are expected to be changed, especially the change of land use purposes for rice cultivation, protection forest, and land. suf.
Contents of appraisal of district-level land use planning include:
• Legal and scientific basis of land use planning;
• The degree of conformity of the land use planning plan with the socio-economic development strategy, national planning, regional planning, provincial planning;
• Economic, social and environmental effects;
• Feasibility of the land use planning option.
Funding for organization of appraisal of district-level land use planning is determined as a separate item in the corresponding land use planning budget.
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Frequently asked questions
According to Clause 1, Article 36 of the 2013 Land Law, the system of land use planning includes the following levels:
National land use planning;
Land use planning at district level;
National defense land use planning;
Security land use planning.
At the provincial level, the plan for allocating and zoning land by functional area and by type of land to each district-level administrative unit is a content of the provincial planning.
The land use planning period specified in Clause 1, Article 37 of the 2013 Land Law is 10 years. The vision of the national land use plan is from 30 years to 50 years and the district level is from 20 years to 30 years.
The principles for making land use planning are prescribed in Clause 1, Article 35 of the 2013 Land Law as follows:
National land use planning must ensure the specificity and linkage of regions; the district-level land use planning must show the land use content of the commune level;
Strictly protect rice-growing land, protection forest land and special-use forest land;
To ensure a balance between the land use needs of sectors, fields and localities and the national capacity and land fund in order to use land economically and effectively;
Reasonable exploitation of natural resources; adaptation to climate change;
The content of land allocation and use in the national sectoral planning, regional planning, and provincial planning must be consistent with the national land use planning.
According to Clause 2, Article 3 of the Land Law 2013, land use planning is the allocation and zoning of land according to use space for the purposes of socio-economic development, national defense, security, and environmental protection. environment and climate change adaptation on the basis of land potential
And the land use demand of sectors and fields for each socio-economic region and administrative unit in a defined period of time.
Conclusion: So the above is Regulations on appraisal of land use planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
