Land use planning and planning is extremely necessary to partly ensure that land is properly used in practice. Let’s find out this issue with Lawyer X through the following situation: “Hello, Lawyer! I want to ask, is the planning, land use plan made from the general to the detailed? At which levels is the system of planning and land use plans made? Thanks for the advice!”
Legal grounds
Land Law 2013
Principles of planning, land use plan
The formulation of land use planning must comply with the provisions of the law on planning and the following principles:
- The national land use planning must ensure the specificity and connectivity of the 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;
- Contents of land allocation and use in national sectoral planning, regional planning and provincial planning must be consistent with the national land use planning.
Land use planning must adhere to the following principles:
- Conformity with strategies and plans for socio-economic development, national defense and security;
- The land use plan must be consistent with the land use planning of the same level already approved by a competent state agency; for the provincial land use plan, it must be consistent with the land allocation and zoning plan in the provincial planning;
- Use land economically and effectively;
- Reasonable exploitation of natural resources and environmental protection; adaptation to climate change;
- Protecting and embellishing historical-cultural relics and scenic spots;
- 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.
Planning system, land use plan
Land use planning includes:
- 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 land type to each district-level administrative unit is a content of the provincial planning.
The land use plan includes:
- National land use plan;
- Provincial land use plan;
- Land use plan at district level;
- Plan on land use for defense;
- Secure land use plan.
Planning period, land use plan
- The land use planning period 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 period of the national land use plan, the provincial land use plan, the defense land use plan and the security land use plan is 5 years; district-level land use plans are prepared annually.
National master plan and plan on land use
- Grounds for formulation of national land use planning include the bases prescribed by law on planning and the following bases:
- Natural, economic – social conditions;
- Current status of land use, land potential and results of implementation of the national land use planning in the previous period;
- Land use demand of sectors, fields and provinces.
The content of the national land use planning shall comply with the provisions of the law on planning.
Bases for making national land use plans include:
- National land use planning;
- Five-year and annual socio-economic development plan of the whole country;
- Demand for land use in 5 years of sectors, fields and provinces;
- Results of the implementation of the national land use plan in the previous period;
- Ability to invest and mobilize resources to implement land use plans.
Contents of the national land use plan include:
- Analyze and evaluate the results of the implementation of the national land use plan in the previous period;
- Determine the area of land types in the national land use planning according to each period of the 5-year land use plan;
- Five-year land use plan for each socio-economic region and provincial-level administrative unit;
- Solutions for implementing land use plans.
Plan for allocation and zoning of land according to functional areas and by type of land to each district-level administrative unit in the provincial planning; provincial land use plan
Bases for making plans for allocation and zoning of land according to functional areas and types of land to each district-level administrative unit in the provincial planning, including bases for planning in accordance with the law on planning and the following grounds:
- Land potential and results of implementation of the provincial land use plan in the previous period;
- Land use demand of sectors, fields, province and district level;
- Land use norms;
- Scientific and technological progress related to land use
- The content of the plan for allocation and zoning of land by functional area and by type of land to each district-level administrative unit in the provincial planning shall comply with the provisions of the law on planning.
Basis for formulation of provincial-level land use plans include:
- National land use plan; the content of land allocation and zoning in the provincial planning;
- Five-year and annual socio-economic development plans of the province;
- 05-year land use demand of sectors, fields, province and district level;
- Results of the implementation of the provincial land use plan in the previous period;
- Ability to invest and mobilize resources to implement land use plans.
Contents of the provincial land use plan include:
- Analyze and evaluate the results of the implementation of the provincial land use plan in the previous period;
- Determine the area of land types according to the land allocation and zoning plan in the provincial planning in the period of the land use plan for each year and for each district-level administrative unit;
- Determination of areas of land types that need to be changed land use purposes specified at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law in the period of land use planning for each year and up to each district-level administrative unit;
- Determining the scale and location of works and projects at national and provincial levels to use land for the purposes specified in Articles 61 and 62 of the Land Law to be implemented during the land use planning period according to each land use plan. year and to each district-level administrative unit. For projects on technical infrastructure, construction and embellishment of urban areas and rural residential areas, it is required 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;
- Make a map of the provincial land use plan;
- Solutions for implementing land use plans.
District-level master plans and plans on land use
Bases for formulation of district-level land use planning include:
- Provincial planning;
- Natural, socio-economic conditions of districts, urban districts, towns and provincial cities;
- Current status of land use, land potential and results of implementation of district-level land use planning in the previous period;
- Land use demand of sectors, fields, district and commune levels;
- Land use norms;
Scientific and technological progress related to land use.
- Contents of district-level land use planning include:
- Ten-year land use orientation;
- Determination of land use norms by land type, including land use norms allocated by the provincial planning to the district level and land use norms according to the land use needs of the district and commune levels;
- 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, Clause 2, Article 40 of the Land Law to each commune-level administrative unit;
- Make a map of land use planning at district level; for areas planned for rice cultivation, areas planned for change of land use purpose specified at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law, detail to each application shall be shown. commune-level administrative positions;
- Solutions for implementing land use planning.
Bases for making district-level land use plans include:
- Provincial land use plan;
- Land use planning at district level;
- Demand for land use in the planning year of sectors and fields, district and commune levels;
- Ability to invest and mobilize resources to implement land use plans.
The contents of the district-level land use plan include:
- 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 on technical infrastructure, construction and embellishment of urban centers and rural residential areas, it is required to simultaneously determine the location and area of recovered land in the vicinity for auctioning the land use rights to implement the project. housing, commerce, services, production and business;
- Determining the area of land types that need to be changed the use purpose for the types of land requiring 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;
- Make a map of the district’s annual land use plan; for the planned area for change of land use purpose specified at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law, details shall be shown to each commune-level administrative unit;
- Solutions for implementing land use plans.
- For districts that have urban planning approved by competent state agencies, no land use planning is required, but an annual land use plan must be drawn up; in case the urban planning of the district is not consistent with the area allocated in the provincial planning, the urban planning must be adjusted to be suitable with the provincial planning.
National defense land use master plan and plan, security land use master plan and plan
Bases for elaboration of national defense land use planning and security land use planning include the bases prescribed by law on planning and the following bases:
- Natural, economic – social conditions;
- Current status of land use, land potential and results of implementation of national defense land use planning and security land use planning in the previous period;
- Demand for land use for national defense and security;
- Land use norms.
- Contents of master plan on land use for national defense and master plan on land use for security shall comply with regulations of law on planning.
Bases for formulation of defense land use plans and security land use plans include:
- National land use planning, defense land use planning, security land use planning;
- Demand for land use for 5 years for national defense and security;
- Results of the implementation of the national defense land use plan and the security land use plan in the previous period;
- Ability to invest and mobilize resources to implement defense land use plans and security land use plans.
Contents of the national defense land use plan and security land use plan include:
- Analyze and evaluate the results of the implementation of the national defense land use plan and the security land use plan in the previous period;
- Determine areas and land areas to be used for national defense and security purposes within the 5-year planning period and specifically to each year;
- Determine the specific location and area of defense land and security land and hand it over to the locality for management within the 5-year plan period;
- Solutions for implementing the national defense land use plan and the security land use plan.
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Frequently asked questions
The period of the national land use plan, the provincial land use plan, the defense land use plan and the security land use plan is 5 years; district-level land use plans are prepared annually.
Grounds for making national land use planning include the bases prescribed by law on planning and the following bases:
Natural, economic – social conditions;
Current status of land use, land potential and results of implementation of the national land use planning in the previous period;
Land use demand of sectors, fields and provinces
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