The land use plan of the centrally-run city in Vietnam is appraised and approved in accordance with the provisions of Decree 102/2024/ND-CP.
Appraisal and approval of the Land Use Plan of centrally affiliated cities in Vietnam (Internet image)
According to the Land Law 2024, if a centrally-managed city has an approved general plan according to the regulations on urban planning, it does not need to create a provincial land use plan but relies on the general plan to form a provincial land use plan.
(1) According to Article 19 of Decree 102/2024/ND-CP, the content of the land use plan of centrally-managed cities in cases where provincial land use plans are not required includes:
- Analyzing and evaluating the current land use status and land use changes over the past 5 years, outcomes of the previous land use plan implementation of centrally-managed cities based on land types;
- Analyzing objectives, targets on socio-economic development, national defense, security, environmental protection, infrastructure development during the planning period; based on the approved general plan of centrally-managed cities as per urban planning laws, mid-term public investment plans, the ability to attract investment funds to determine land use targets during the planning period;
- Determining land use targets during the 5-year planning period of centrally-managed cities according to the land types stipulated in Article 9 of the Land Law 2024 and Articles 4, 5, and 6 of Decree 102/2024/ND-CP for each district-level administrative unit;
- Determining the area needed for land use conversion during the planning period for each district-level administrative unit;
- Determining the area of sea encroachment during the planning period for each district-level administrative unit;
- Determining the area of unused land to be put into use during the planning period for each district-level administrative unit;
- Developing thematic maps: rice cultivation land, protective forest land, special-use forest land, production forest land that are natural forests;
- Developing an explanatory report for the land use plan of centrally-managed cities;
- The product set of the 5-year land use plan for centrally-managed cities, including the explanatory report and 5-year land use plan data.
(2) The procedure for appraising and approving the 5-year land use plan of centrally-managed cities
- The land management agency of centrally-managed cities submits to the People's Committee of centrally-managed cities to establish a Council for appraising the 5-year land use plan of centrally-managed cities;
- Within no more than 5 working days from the establishment decision of the Council, the land management agency of centrally-managed cities must send the land use plan dossier to the members of the Council for appraising the land use plan of centrally-managed cities to collect opinions;
- Within no more than 15 days from the receipt of a valid dossier, members of the Council for appraising the land use plan of centrally-managed cities must send their written comments to the land management agency of centrally-managed cities;
- Within no more than 10 days from the end of the comment period, the land management agency of centrally-managed cities must advise the People's Committee of centrally-managed cities to hold a meeting of the Council for appraising the land use plan of centrally-managed cities;
- Within no more than 15 days from receiving the appraisal results notice of the land use plan, the land management agency of centrally-managed cities must finalize the land use plan dossier and report to the People's Committee of centrally-managed cities, which will then submit it to the People's Council of centrally-managed cities for approval before the People's Committee of centrally-managed cities submits it to the Prime Minister of the Government of Vietnam for approval.
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