Detailed district-level land use planning in Vietnam in 2024

Detailed district-level land use planning in Vietnam in 2024 (Image from the Internet)

On July 30, 2024, the Government of Vietnam promulgated Decree 102/2024/ND-CP specifying the implementation of several articles of the Land Law 2024.

Detailed district-level land use planning in Vietnam in 2024

Article 20 of Decree 102/2024/ND-CP specifies the details of district-level land use planning in Vietnam as follows:

- Content of district-level land use planning

+ Analyze and assess the natural, economic, social conditions, current environmental status, and climate change impacts on the district's land use;

+ Analyze and assess the resources of the district and province that directly impact the district's land use;

+ Analyze and assess the current land use status, land use changes over the past 10 years, the previous district-level land use plan implementation results according to the land categories specified in Article 9 of the Land Law 2024 and Articles 4, 5, and 6 of Decree 102/2024/ND-CP;

+ Analyze and assess the land management and use situation according to the state land management content specified in Article 20 of the Land Law 2024 relevant to the district-level land use planning;

+ Determine the viewpoints and goals for using agricultural land, non-agricultural land, and unused land groups in line with the socio-economic development goals, land use planning objectives during the planning period; meeting the requirements for socio-economic development, national defense, security, environmental protection, and climate change adaptation;

+ Predict the trends of land use structure changes during the planning period;

+ Determine land use targets by land category, including the land use targets allocated by the provincial-level land use planning to the district level and the remaining land area specified in Article 9 of the Land Law 2024 and Articles 4, 5, and 6 of Decree 102/2024/ND-CP according to the district-level land use needs to each commune-level administrative unit;

+ Stage the 5-year land use plan in the district-level land use planning and develop the first year's land use plan of the planning period according to the content stipulated in point g clause 1 Article 20 of Decree 102/2024/ND-CP;

+ Solutions and resources for implementing the land use planning: solutions for land protection, improvement, environmental protection, disaster response, and climate change adaptation; determine the resources for implementing the land use planning; solutions for organizing implementation and monitoring the implementation of the land use planning.

- Prepare maps, build and update the district-level land use planning data into the national land database

+ The map system includes: current land use status map of the district; district-level land use planning map. The map preparation is carried out following the legal regulations on map establishment;

+ Build and update the district-level land use planning data, including spatial data and attribute data.

- Dossiers submitted for approval of district-level land use planning

+ A submission from the district-level People's Committee;

+ Resolution of the district-level People's Council;

+ Explanatory report on land use planning;

+ Accompanying map system and data (in paper or digital format);

+ Report on receiving and explaining the opinions of the Appraisal Council;

+ Draft Decision of the provincial-level People's Committee approving the district-level land use planning.

- Procedures for appraisal and approval of district-level land use planning

+ The district-level land management agency completes the district-level land use planning dossier, reports to the district-level People's Committee for submission to the district-level People's Council for approval before the district-level People's Committee submits to the provincial-level land management agency for appraisal; for localities without a district-level People's Council, the district-level People's Committee submits to the provincial-level land management agency for appraisal;

+ Within no more than 5 working days from the date of receiving the complete consultation dossier, the provincial-level land management agency is responsible for sending the land use planning dossier to the Appraisal Council members for consultation;

+ Within no more than 15 days from the date of receiving the consultation dossier, the Appraisal Council members send written comments to the provincial-level land management agency;

+ Within no more than 10 days from the end of the consultation period, the provincial-level land management agency is responsible for organizing a meeting of the Appraisal Council and sending the land use planning appraisal results notification to the district-level People's Committee;

+ Within no more than 10 days, the district-level People's Committee is responsible for receiving and explaining the Appraisal Council's comments to complete the land use planning dossier and send it to the provincial-level land management agency;

+ Within no more than 10 days from the date of receiving the complete valid dossier, the provincial-level land management agency submits to the provincial-level People's Committee for approval of the district-level land use planning.

- In case of adjusting the district-level land use planning, it shall be implemented as stipulated for the content of district-level land use planning specified in Article 20 of Decree 102/2024/ND-CP.

- The Ministry of Natural Resources and Environment provides technical regulations on the preparation and adjustment of district-level land use planning.

More details can be found in Decree 102/2024/ND-CP, which comes into force in Vietnam from August 1, 2024.

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