In Vietnam, using land is not carried out in arbitrarily ways, but complied with land use plans which are formulated in orders, procedures prescribed by law. What are responsibilites of authorities in elaboration and modification of land use plans in Vietnam? Who shall consult on land use master plans in Vietnam? How shall a land use master plan be approved? Let’s find out these questiona with Lawyer X through this article!
Legal grounds
Decree No. 43/2014/ND-CP dated May 15, 2014, detailing a number of articles of the Land Law
Elaboration and modification of land use master plans and plans
– The responsibility to determine the land use demand in the elaboration and modification of national land use master plans and plans is prescribed as follows:
+ Ministries and sectors shall determine the land use demands and propose projects in the sectors and fields under their management in provincial-level administrative units; provincial- level People’s Committees shall determine the land use demands of their localities;
+ Ministries, sectors and provincial-level People’s Committees shall send reports on their land use demands to the Ministry of Natural Resources and Environment within 45 days after receiving the latter’s written request for registration of land use demands;
+ The Ministry of Natural Resources and Environment shall summarize and balance the land use demands and plan on the allocation of national land use norms to every socioeconomic region and provincial-level administrative unit.
– Provincial-level land use master plans and plans:
+ The responsibility to determine the land use demands in the elaboration and modification of provincial-level land use master plans and plans:
Provincial-level departments and sectors shall determine the land use demands and propose land-using projects within provincial-level land use norms for every district-level administrative unit; district-level People’s Committees shall determine the land use demands of their localities.
Provincial-level departments and sectors and district-level People’s Committees shall send reports on their land use demands to provincial-level Natural Resources and Environment Departments within 30 days after receiving the latter’s written requests for registration of land use demands.
Provincial-level Natural Resources and Environment Departments shall plan the allocation of national land use norms and list projects in the national land use master plan and plans for every district-level administrative unit; summarize and balance the land use demands and plan the allocation of provincial-level land use norms to every district-level administrative unit.
+ Land use norms in provincial-level land use master plans include land use norms by land type and land use norms by functional zone.
Land use norms by land type include those based on land types allocated by the national land use master plan to provincial-level localities and those based on land types determined by provincial-level localities. Land use norms based on land types determined by provincial-level localities include land for cultivation of perennial trees; land for cultivation of other annual crops; rural residential land; urban residential land; land for construction of offices of state agencies; land for construction of offices of non-business organizations; land for construction of diplomatic facilities; land of industrial clusters; land for trading and services; land of non-agricultural production units; land used for mining activities; land for development of provincial-level infrastructure facilities; land of religious institutions; land used for cemeteries, graveyards, funeral service centers and crematories.
Land use norms by functional zone include agricultural production zones; forestry zones; nature and biodiversity conservation zones; industrial development zones; urban centers; trade- service zones; and rural residential zones.
+ In case of necessity to change the sizes, locations and number of projects and works of the same land type without changing land use norms and areas according to use functions in approved land use master plans, provincial-level People’s Committees shall submit such changes to People’s Councils of the same level for approval and update to district-level land use master plans and plans for implementation.
– District-level land use master plans and plans:
+ The responsibility for determining the land use demands in the elaboration and modification of district-level land use master plans and plans:
District-level divisions and sections shall determine the land use demands and propose land-related projects on the list of district-level land use norms for every commune-level administrative unit; People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) shall determine the land use demands of their localities.
District-level divisions and sections and commune-level People’s Committees shall send reports on their land use demands to district-level Natural Resources and Environment Divisions within 30 days after receiving the latter’s written requests for registration of land use demands.
District-level Natural Resources and Environment Divisions shall determine provincial- level land use norms and projects in provincial-level land use master plans and plans allocated to districts for every commune-level administrative unit; summarize and balance the land use demands and plan the allocation of district-level land use norms to every commune-level administrative unit.
+ Land use norms in district-level land use master plans include land use norms by land type and land use norms by functional zone
Land use norms by land type include those based on land types allocated by provincial- level land use master plans to district-level localities and those based on land types determined by district- and commune-level localities. Land use norms based on land types determined by district and commune-level localities include other agricultural land; land for production of building materials and pottery; land for development of district- and commune-level infrastructure facilities; land for communal activities and public entertainment and recreation centers; land for belief activities; land with rivers, streams, canals, springs and special-use water surface; and other non-agricultural land.
Land use norms by functional zone include zones for cultivation of wet rice; zones for production of perennial industrial trees; protection, special-use and production forests; industrial parks and clusters; urban – trade – service centers; tourist resorts; rural residential areas, craft villages and non-agricultural production zones.
– In the course of elaborating master plans and plans on use of national defense or security land, the Ministry of National Defense or the Ministry of Public Security shall coordinate with provincial-level People’s Committees in determining locations and areas of land types used for national defense and security purposes specified in Article 61 of the Land Law in their localities.
– The Ministry of Natural Resources and Environment shall detail the order and contents of elaboration and modification of land use master plans and plans.
Consultation on land use master plans and plans
– A dossier for consultation on national, provincial-level or district-level land use master plan or plan comprises:
+ A brief report on the land use master plan or plan, covering land use norms, a list of projects and works expected to be built in the period of land use master plan or plan;
+ A land use master plan or plan map.
– Reports on summarization, assimilation and explanation of public opinions on national land use master plans and plans shall be publicized on the website of the Ministry of Natural Resources and Environment and the General Department of Land Administration. For provincial- or district-level land use master plans and plans, public opinions shall be publicized on websites of provincial- or district-level People’s Committees.
– The consultation with provincial-level People’s Committees on masterplans and plans on use of national defense and security land is prescribed as follows:
+ The Ministry of National Defense or the Ministry of Public Security shall send dossiers for consultation on draft master plans and plans on use of national defense or security land to provincial-level People’s Committees. Within 30 days after receiving dossiers, provincial- level People’s Committees shall send their opinions to the Ministry of National Defense or the Ministry of Public Security;
+ The Ministry of National Defense or the Ministry of Public Security shall summarize, assimilate and explain opinions of provincial-level People’s Committees and improve draft land use master plans and plans before submitting them to the Government for approval.
Receiving dossiers, provincial- level People’s Committees shall send their opinions to the Ministry of National Defense or the Ministry of Public Security;
+ The Ministry of National Defense or the Ministry of Public Security shall summarize, assimilate and explain opinions of provincial-level People’s Committees and improve draft land use master plans and plans before submitting them to the Government for approval.
Order of and procedures for appraisal and approval of land use master plans and plans
- Order of and procedures for appraisal and approval of provincial-level land use master plans and plans:
+ A provincial-level People’s Committee shall send the dossier of a land use master plan or plan to the Ministry of Natural Resources and Environment for appraisal;
+ Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
+ In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and surveys in areas in which land use purposes are expected to change, especially areas in which the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;
+ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministry of Natural Resources and Environment;
+ Within 10 days after the expiration of the time limit for collection of opinions, the Ministry of Natural Resources and Environment shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the provincial-level People’s Committee;
+ The provincial-level People’s Committee shall complete the dossier of the land use master plan or plan; submit it to the provincial-level People’s Council for approval; and then submit it to the Ministry of Natural Resources and Environment for approval;
+ Within 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall submit the provincial-level land use master plan or plan to the Government for approval.
- Order of and procedures for appraisal and approval of district-level land use master plans:
+ A district-level People’s Committee shall send the dossier of a land use master plan to the provincial-level Natural Resources and Environment Department for appraisal;
+ Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
+ In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and surveys in areas where land use purposes are expected to change, especially areas where the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;
+ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;
+ Within 10 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan to the district-level People’s Committee;
+ The district-level People’s Committee shall complete the dossier of the land use master plan; submit it to the district-level People’s Council for approval; and then submit it to the provincial-level Natural Resources and Environment Department for approval;
+ Within 10 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall submit the district-level land use master plan to the provincial-level People’s Committee for approval.
- The order of and procedures for appraisal and approval of modifications of provincial- level land use master plans and plans must comply with Clause 1 of this Article; the order of and procedures for appraisal and approval of modifications of district-level land use master plans must comply with Clause 2 of this Article.
- Order of and procedures for appraisal and approval of annual district-level land use plans:
+ In the third quarter of every year, a district-level People’s Committee shall send the dossier of an annual land use plan of the subsequent year to the provincial-level Natural Resources and Environment Department for appraisal;
+ Within 5 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
+ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;
+ Within 5 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use plan to the district-level People’s Committee for completion of the dossier;
+ The provincial-level Natural Resources and Environment Department shall draw up a list of projects which need land recovery under Clause 3, Article 62 of the Land Law and report it to the provincial-level People’s Committee for submission to the provincial-level People’s Council for approval together with decision on allocation of the state budget for the payment of compensations for ground clearance at the year-end meeting of the provincial- level People’s Council;
+ Based on the complete dossier of the annual district-level land use plan and the resolution of the provincial-level People’s Council, the provincial-level Natural Resources and Environment Department shall submit the plan to the provincial-level People’s Committee for approval before December 3-
– Order of and procedures for appraisal and approval of national defense or security land use master plans and plans:
+ The Ministry of National Defense or the Ministry of Public Security shall send the dossier of a land use master plan or plan to the Ministry of Natural Resources and Environment for appraisal;
+ Within 5 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
+ Within 15 days after receiving the dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministry of Natural Resources and Environment;
+ Within 10 days after the expiration of the time limit for collection of opinions, the Ministry of Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the Ministry of National Defense or the Ministry of Public Security;
+ The Ministry of National Defense or the Ministry of Public Security shall complete the dossier of the land use master plan or plan and submit it to the Ministry of Natural Resources and Environment for approval;
+ Within 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall submit the national defense or security land use master plan or plan to the Government for be.
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Frequently asked questions
A person may practice as a consultant on the elaboration of land use master plans and plans in an organization with the function of providing consultancy when fully meeting the following conditions:
+ Having the civil act capacity;
+ Possessing a university or postgraduate degree in land administration, cadastral or other professional fields related to land use planning;
+ Having worked in the field of land use planning and other specialized planning for at least 24 months.
Provincial- and district-level People’s Committees shall review master plans and plans of land-using sectors, fields and localities to ensure their conformity with land use master plans and plans decided or approved by competent state agencies.
Land development funds shall be used to advance capital for land fund development organizations and other organizations to pay compensations for ground clearance and create land funds under land use master plans and plans approved by competent agencies.
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