Planned Land According to Legal Provisions: The Simplest Way to Check Whether Land is Subject to Planning or Not
What is Plan Land according to legal regulations?
Based on the provisions of Clause 2, Article 3 of the Land Law 2013, the regulation is as follows:
Terminology Explanation
...
2. Land use planning is the allocation and zoning of land according to its spatial use for the purposes of economic-social development, national defense, security, environmental protection, and climate change adaptation based on land potential and the demand for land use by different sectors, fields, and localities in each socio-economic region and administrative unit for a specific period.
From a legal perspective, planned land is the land area within the space allocated for economic-social development, national defense, security, and the demand for land use by various sectors, fields, and localities.
In practice, planned land is the land area specified for planning and projects, including transportation projects, other public works, or reclamation for national defense and security purposes. The legal consequence for land within these plans primarily involves reclamation according to legal regulations.
A few common types of land planning include residential area planning, railway planning, and road construction planning.
What is Plan Land according to legal regulations? How to check if land is within a plan simply? (Image from the Internet)
How to simply check if land is within a plan?
The methods to check if land is within a plan are as follows:
Method 1: Check land use planning at the headquarters of the People's Committee (UBND) of the commune where the land related to the land use plan is located.
Method 2: Check land use planning at the headquarters of the district-level People's Committee where the land is located.
Method 3: Check land use planning on the electronic portal of the district-level People's Committee where the land is located.
Method 4: Submit a request form for land information to the Land Data and Information Center under the General Department of Land Administration or the Land Registration Office.
Method 5: Check land planning information on the land-use right certificate (red book).
Planning information will be recorded directly in the notes section of the red book.
Method 6: Contact the competent authorities.
Citizens can directly visit the district-level Natural Resources and Environment Department where the land is located to inquire specifically about planning information.
This is the local government agency in charge of land management, so they have the most precise information on whether the land is within a planning area.
Based on the land information provided by citizens, the competent staff will search the planning map and inform them whether the land is within a planning area.
Method 7: Check on online applications: There are certain applications for land planning inquiry, such as:
- Ho Chi Minh City's Planning Information - App for planning check in Ho Chi Minh City- Hanoi Planning - App for land planning check in Hanoi- Meey Map - App for land planning check in Khanh Hoa- Online planning check software in Binh Duong Province- Dnailis - Land inquiry application in Dong Nai Province
Method 8: Alternatively, one can employ real estate companies or local services to check planning.
Is planned land allowed to change its land use purpose?
Based on Article 52 of the Land Law 2013, the article stipulates the basis for land allocation, land lease, and land use purpose conversion as follows:
Basis for land allocation, land lease, and land use purpose conversion
1. The annual land use plan of the district level approved by the competent state agency.
2. The land use demand reflected in the investment project, land allocation application, land lease, or land use purpose conversion application.
The basis for converting the land use purpose includes the approved annual land use plan of the district level and the land use demand reflected in the investment project, land allocation application, land lease, or land use purpose conversion application.
Therefore, it is necessary to determine whether the planned land has an established land use plan. If there is only a plan without a land use plan, the land use purpose conversion is permitted. In cases where there is already a land use plan, the land use purpose conversion is not allowed.
LawNet