Is it necessary to get opinions of citizens on district-level land use master plan and plans in Vietnam?

Is it necessary to get opinions of citizens on district-level land use master plan and plans in Vietnam? What are principles of formulation of land use master plans and plans in Vietnam?

I have lived in district B for more than 10 years and just heard that in the near future the state agencies would carry out planning and land use plans for this area. However, my house is not on the plan. When implementing master plans and plans on land use, does the state collect opinions from the citizens?What are principles of formulation of land use master plans and plans in Vietnam? Thanks in advice. 

Is it necessary to get opinions of citizens on district-level land use master plan and plans in Vietnam?

Pursuant to Clause 2, Article 43 of the Law on Land in 2013 (amended by Clause 1, Article 6 of the Law on Amendments to some articles Concerning Planning Of 37 Laws) stipulating consultations on land use master plan and plans as follows:

2. Opinions on district land use planning shall be sought as follows:

a) People’s Committees of districts shall seek opinions on district land use planning;

b) Opinions of organizations, individuals and residential community on district land use planning shall be sought through conferences, written communication and publishing of contents of the land use planning on the websites of People’s Committees of provinces and People’s Committees of districts;

c) Opinions on the district land use planning include ones on land use planning norms and projects executed during the land use planning period;

d) Opinions on district land use planning shall be sought within 30 days from the date on which the competent authority decides to seek opinions;

dd) People’s Committee of districts shall prepare a report on consolidation of received/explained collections of the people and submit complete district land use planning to the appraisal council.

As regulations above, when the state carries out land use master plan and plans in Vietnam, they shall collect opinions from the citizens via conferences, written communication.

What are principles of formulation of land use master plans and plans in Vietnam?

Pursuant to Article 35 of the Law on Land in 2013 (amended by Clause 1, Article 6 of the Law on Amendments to some articles Concerning Planning Of 37 Laws) stipulating cprinciples of formulation of land use master plans and plans in Vietnam as follows:

1. Land use planning shall be formulated under regulations of law on planning and the following rules:

a) The national land use planning ensures specific characteristics and connectedness of regions district land use planning demonstrate contents of commune land use planning;

b) Paddy land, protection forest land reserve forest land are strictly protected;

c) Balance between demands for land use by sectors, fields and local authorities and land usability and land of the nation is ensured with a view to using land in an economical and effective manner;

d) Natural resources are extracted reasonably; resilience to climate change is demonstrated;

dd) The allocation and use of land included in the national sector planning, regional planning and provincial planning conforms to the national land use planning.'

2. A land use plan shall be formulated under the following rules:

a) The socio - economic development, national defense and security strategy and plan are conformed to;

b) The land use plan conforms to the approved land use planning at the same level. The provincial land use plan conforms to the plan for allocation and zoning of land included in the provincial planning;

c) Land is used in an economical and effective manner;

d) Natural resources are extracted reasonably and environment is protected; resilience to climate change is demonstrated;

dd) Historical sites/monuments and scenic landscapes are protected and restored;

e) The plan of the sector, field or local authority that uses land conforms to the land use plan and planning approved by the competent authority.

Best regards!

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