Do people have right to see planning map of the area where they live in Vietnam?

Do people have right to see planning map of the area where they live in Vietnam?

In Clause 1, Article 6 of the Law on amendments to some articles concerning planning of 37 laws stipulates publishing of land use planning and land use plans, as follows:

1. National land use planning, planning for use of land for national defense purpose and planning for use of land for security purpose shall be published as prescribed by the law on planning.

2. All contents of the approved district land use planning shall be published as follows:

a) The People’s Committees of the district shall publish the district land use planning at the committee and on its web portal; publish contents of the district land use planning that involves communes at the People’s Committee of the commune;

b) Planning shall be published within 15 days from the date on which it is approved by the competent authority;

c) The publishing shall be carried out during the land use planning period.

3. All contents of an approved land use plan shall be published as follows:

a) The Ministry of Natural Resources and Environment shall publish the national land use plan at the Ministry and on its website. The People’s Committee of the province shall publish provincial land use plan at the committee and on its web portal. The People’s Committee of the district shall publish district land use plan at the committee and on its web portal, and publish contents of the district land use plan that involves communes at the People's Committee of the commune;

b) The plan shall be published within 15 days from the date on which it is approved by the competent authority;

c) The publishing shall be carried out during the land use plan period.

According to this Article, when you want to see the planning map of the area where you live, you can view it directly at the headquarters of the district- or commune-level People's Committee or the web portal of the district-level People's Committee in Vietnam.

If there is an annual district land use plan, will land users be able to build new ones in Vietnam?

According to Clause 1, Article 6 of the Law on amendments to some articles concerning planning of 37 laws, the amendments to Clause 7 Article 49 of the 2013 Land Law provide as follows:

7. In the cases where the land use planning has been published but a district land use plan is not available, the land user is entitled to keep using land and exercise the rights of a land user as prescribed by law.

In the cases where the district land use plan is available, the land user in the area where land has to be repurposed and expropriated according to the planning is entitled to keep exercising the rights of a land user but is not allowed to build new residential houses or works or grow perennials. Any land user that wishes to renovate or repair existing residential houses or works must obtain permission from a competent authority as prescribed by law.

Thus, once there is an annual district land use plan in Vietnam, the land users in the area can continue to exercise the rights of the land users, but will not be able to proceed with the construction of new houses. 

What is reporting results of implementation of land use planning and land use plans in Vietnam?

Pursuant to Clause 1, Article 6 of the Law on amendments to some articles concerning planning of 37 laws stipulates reporting results of implementation of land use planning and land use plans, according to which:

1. Results of implementation of national land use planning, planning for use of land for national defense purpose, planning for use of land for security purpose and plan for allocation and zoning of land by purpose and type of land up to district level under the provincial planning shall be reported as prescribed by the law on planning.

2. People’s Committees of communes and People’s Committees of districts shall submit reports on results of implementation of land use planning and plans to the supervisory People’s Committees. By October 31, People’s Committees of provinces shall submit reports on implementation of land use planning and plans to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall:

a) submit reports on results of implementation of land use planning as prescribed by the law on planning;

b) consolidate results of implementation of the land use plans nationwide and submit a report thereon to the Government in the last year of the land use planning period.

With this provision in Vietnam, the reporting results of implementation of land use planning and land use plans shall be made according to the above-mentioned process.

Best Regards!