Every year in our country, the competent authorities according to regulations make plans and master plans on land use based on the actual land use. Through planning, planning accurately assesses the demand for land use of the people and each region so that development policies and land stabilization can be adjusted. So about the matter “Time for district-level land use planning in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
District-level land use planning
Basis for making district-level land use planning
According to the provisions of Clause 1, Article 40 of the district-level land use master plan, the 2013 Land Law is as follows:
+ Provincial land use planning;
+ Master plan for socio-economic development of province and district level;
+ Natural, socio-economic conditions of districts, urban districts, towns and provincial cities;
+ Current status of land use, land potential and results of implementation of land use planning at district level in the previous period;
+ Land use demand of branches, fields, district and commune levels;
+ Land use norms;
Scientific and technological progress related to land use.
Contents of district-level land use planning
Pursuant to the provisions of Clause 2, Article 40 of the 2013 Land Law on district-level land use planning and plans, the 2013 Land Law is as follows:
+ 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 in commune level administration;
Solutions for implementing land use planning
Thus, according to the above-mentioned legal provisions, it can be seen that the law has specific and detailed provisions on the contents of implementing the land use planning, according to which, when the land use planning is available, the agency The competent state will have to determine how the land use plan is to realize the land use plan, divide the land use plan out over a certain period of time, and implement it in the planning period for land use. s
In addition, it should be noted that when making land use planning, it is necessary to ensure and protect the land used for rice cultivation, special-use forest land and protection forest land to ensure national food security as well as ensure national food security. Protecting natural ecology, climate change, appropriate exploitation of existing natural resources, ensuring balance and sustainable development for the country.
District land use plan
Basis for making annual land use plan of district level
+ Provincial land use plan;
+ Land use planning at district level;
+ Demand for land use in the planning year of sectors, fields and levels;
+ Ability to invest and mobilize resources to implement the land use plan.
According to the above-said legal bases, land use plans also need to aim at efficient and economical land use and need to be consistent with the proposed and approved land use planning at the same level. approved by a competent authority, for the district level, it must also be consistent with the land use planning of the district, for the province, it must be consistent with the provincial planning and for the central plan, it must be consistent with the plan of the central level. consistent with the central land use planning.
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
Thus, it can be seen that the law has detailed provisions for the content of land use planning, but the land use planning needs to meet the protection of the environment as well as the protection of natural resources. nature, ensuring sustainable development as well as the ability to change climate, without losing the existing historical relics that need to be preserved, the landscapes that have been confirmed to be protected, the need to use Land use of localities, each field as well as branches must also be consistent with the land use planning.
Time for district-level land use planning in Vietnam
The order and procedures for district-level land use planning are appraised and approved according to the following steps:
Step 01: The district-level People’s Committee sends the land use planning dossier to the Department of Natural Resources and Environment for appraisal;
Step 02: The Department of Natural Resources and Environment sends the land use planning dossier to the members of the Land Use Planning Appraisal Council for comments;
Time limit: no more than 05 days from the date of receiving complete and valid dossiers.
Step 03: In case the dossier is invalid, the Department of Natural Resources and Environment shall notify in writing the agency sending the dossier;
Time limit: no more than 05 days from the date of receiving the dossier.
Step 04: The Land Use Planning Appraisal Council organizes a field inspection and survey of the areas expected to change the land use purpose, especially the area where the land use purpose is changed for rice cultivation and forest land. households, special-use forest land, natural production forest land in case of necessity;
Time limit: no more than 10 days from the date of receipt of complete and valid dossiers.
Step 05: The members of the Land Use Planning Appraisal Council send their comments in writing to the Department of Natural Resources and Environment.
Time limit: no more than 15 days from the date of receipt of valid application
Step 06: The Department of Natural Resources and Environment organizes a meeting of the Council to appraise the land use planning and send the Notice of the results of the appraisal of the land use planning to the district-level People’s Committee;
Time limit: no more than 10 days from the end of the time limit for comment collection.
Step 07: The district-level People’s Committee completes the land use planning dossier and submits it to the district-level People’s Council for approval. At the same time, the district-level People’s Committees also send the land use planning dossiers to the Department of Natural Resources and Environment for approval.
Step 08: The Department of Natural Resources and Environment submits to the Provincial People’s Committee for approval the district-level land use planning;
Time limit: no more than 10 days from the date of receipt of complete and valid dossiers.
Step 09: The dossier-receiving agency shall notify in writing the dossier-sending agency in case the dossier is invalid;
Time limit: no more than 10 days from the date of receipt of complete and valid dossiers.
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Frequently asked questions
Decree 37/2019/ND-CP stipulates that the time limit for elaboration of national master plans, national marine spatial planning, national land use planning and regional planning shall not exceed 30 months from the date of the task. approved planning.
What are the principles of land use planning?
Conform to the strategy, master plan, socio-economic development plan, defense and security.
Prepared from the general to the detailed; the land use planning of the lower level must be consistent with the master plan on land use; the land use plan must be consistent with the land use planning approved by the competent state agency. The national land use planning must ensure the specificity and linkage of socio-economic regions; the district-level land use planning must show the land use content of the commune level.
Use land economically and effectively.
Reasonable exploitation of natural resources and environmental protection; adapt to climate change.
Protection and embellishment of historical – cultural relics and scenic spots.
Democracy and openness.
Prioritize the land fund for defense and security purposes, serving national and public interests, food security and environmental protection.
Master plans and plans of sectors, fields and localities that use land must be consistent with master plans and plans on land use already decided and approved by competent state agencies.
a) Provincial land use planning;
b) The master plan on socio-economic development of the province and district level;
c) Natural, socio-economic conditions of districts, urban districts, towns and provincial cities;
d) Current status of land use, land potential and results of implementation of the district-level land use planning in the previous period;
dd) Land use demand of sectors, fields, district and commune levels;
e) Norms of land use;
g) Scientific and technological progress related to land use.
Conclusion: So the above is Time for district-level 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
