According to Article 72 of the Land Law 2024, which authority has the power to decide and approve district-level annual land use planning and plans in Vietnam?
According to Article 72 of the Land Law 2024, which authority has the power to decide and approve district-level annual land use planning and plans in Vietnam?
According to Article 72 of the Land Law 2024:
Authority to decide and approve land use planning and plans
1. The authority to decide and approve national land use planning, defense land use planning, and security land use planning shall be implemented according to the provisions of the Law on Planning.
2. The Government of Vietnam approves the national land use plans.
3. The Prime Minister of the Government of Vietnam approves the provincial land use planning, provincial land use plans for centrally managed cities that do not have to establish provincial land use planning.
4. The provincial People's Committee approves the district-level land use planning and annual district-level land use plans.
5. Before approving the annual district-level land use plans, the provincial People's Committee submits to the provincial People's Council for the approval of the list of projects and works that require land recovery, including projects for auctioning land use rights, bidding for selecting investors to implement projects using land; projects that require land use change with rice cultivation land, special-use forest land, protection forest land, production forest land according to the planning, except for cases specified in Clause 4 of Article 67 of this Law.
Thus, the authority with the power to decide and approve district-level annual land use planning and plans in Vietnam is the provincial People's Committee.
According to Article 72 of the Land Law 2024, which authority has the power to decide and approve district-level annual land use planning and plans in Vietnam? (Internet image)
What are the contents of an appraisal of provincial or district-level land use planning in Vietnam?
According to Article 71 of the Land Law 2024:
Appraisals of land use planning and plans
1. The authority to establish the Land Use Planning and Plan Appraisal Council is regulated as follows:
a) The authority to establish the Appraisal Council for national land use planning, defense land use planning, and security land use planning shall be implemented according to the provisions of the Law on Planning;
b) The Prime Minister of the Government of Vietnam decides to establish the Appraisal Council for national land use plans.
The Ministry of Natural Resources and Environment is responsible for assisting the Appraisal Council during the appraisal process of the national land use plan;
c) The Minister of Natural Resources and Environment establishes the Appraisal Council for provincial land use planning and assigns units under the Ministry of Natural Resources and Environment to assist the Appraisal Council during the appraisal process of provincial land use planning;
d) The Chairman of the provincial People's Committee establishes the Appraisal Council for provincial land use plans for centrally managed cities that do not have to establish provincial land use planning; establishes the Appraisal Council for district-level land use planning; assigns units under the provincial People's Committee to assist the Appraisal Council during the appraisal process of provincial land use plans and district-level land use planning.
2. The contents of the appraisal of provincial and district-level land use planning include:
a) Legal basis, scientific basis for the establishment of land use planning;
b) The degree of conformity of the land use planning with the content of the planning approved by the competent authority;
c) Economic, social, environmental efficiency;
d) Feasibility of the land use planning.
3. The contents of the appraisal of land use plans include:
a) Basis and content for the establishment of land use plans;
b) The degree of conformity of the land use plans with the land use planning and urban planning;
c) Feasibility of the land use plans.
4. The Appraisal Council for provincial and district-level land use planning, national land use plans, and provincial land use plans has the responsibility to appraise and send the appraisal results to the agency organizing the establishment of land use planning and plans as prescribed in Article 69 of this Law; the agency organizing the establishment of land use planning and plans shall direct the planning agency to absorb, explain according to the appraisal results' notice of land use planning and plans.
If necessary, the Appraisal Council for provincial and district-level land use planning, national land use plans, and provincial land use plans shall organize inspections and field surveys of areas proposed for land use change, especially for the purpose of changing rice cultivation land, protection forest land, and special-use forest land.
5. The appraisal of national land use planning, defense land use planning, and security land use planning shall comply with the provisions of the Law on Planning.
The contents of the appraisal of provincial and district-level land use planning include:
- Legal basis, scientific basis for the establishment of land use planning;
- The degree of conformity of the land use planning with the content of the planning approved by the competent authority;
- Economic, social, environmental efficiency;
- Feasibility of the land use planning.
What are the responsibilities for organization of development of land use planning and plans in Vietnam?
According to Article 69 of the Land Law 2024, the responsibilities for organization of development of land use planning and plans are clearly stated as follows:
- The Government of Vietnam organizes the establishment of national land use planning and plans.
The Ministry of Natural Resources and Environment is responsible for assisting the Government of Vietnam in establishing national land use planning and plans.
- The provincial People's Committee organizes the establishment of provincial land use planning and plans.
The provincial land management agency is responsible for assisting the provincial People's Committee in establishing provincial land use planning and plans.
- The district People's Committee organizes the establishment of district-level land use planning and annual district-level land use plans.
The district land management agency is responsible for assisting the district People's Committee in establishing district-level land use planning and annual district-level land use plans.
- Land use planning is approved in the first year of the planning period.
- The land use planning and plans of coastal localities include the area reclaimed from the sea.
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