Procedures for appraisal and approval of national land use planning and plans in Vietnam

Procedures for appraisal and approval of national land use planning and plans in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On November 24, 2023, the Ministry of Natural Resources and Environment issued Decision 3468/QD-BTNMT announcing internal administrative procedures in the State administrative system within the scope of the Ministry's management functions.

Procedures for appraisal and approval of national land use planning and plans in Vietnam

Specifically, the procedure for appraisal and approval of national land use planning and plans will be carried out through the following steps:

- Step 1:

The Ministry of Natural Resources and Environment presides over helping the Government formulate national land use planning and plans.

- Step 2:

+ Ministries and branches determine land use needs for projects of branches and fields in charge of each provincial administrative unit; Provincial People's Committees determine local land use needs;

+ Ministries, branches and provincial People's Committees send land use needs to the Ministry of Natural Resources and Environment within 45 days from the date of receipt of the document from the Ministry of Natural Resources and Environment requesting registration of land use needs.

- Step 3: Collect opinions on national land planning and plans

The Ministry of Natural Resources and Environment is responsible for sending documents for comments on national land use planning and plans to the Central Committee of the Vietnam Fatherland Front, ministries and agencies, ministerial-level agencies, provincial-level People's Committees, and residential communities, agencies, organizations, and individuals related to national land use planning and plans.

The Ministry of Natural Resources and Environment posts the content of draft planning and national land use plans (except for content related to state secrets as prescribed by law) on the Ministry's website for at least 30 days from the date of sending the dossier for comments on national land use planning and plans.

Collecting opinions from the residential community, agencies, organizations, and individuals related to national land use planning is carried out as follows:

+ The Provincial People's Committee is responsible for notifying the District People's Committee about collecting opinions on national land use planning and plans;

+ The district-level People's Committee is responsible for notifying the collection of opinions on national land use planning and plans to the commune-level People's Committee and agencies and organizations located in the area;

+ Commune-level People's Committees are responsible for informing the collection of opinions on national land use planning and plans to relevant communities and individuals;

+ Residential communities, organizations, and individuals can comment on national land use planning and plans directly on the website of the Ministry of Natural Resources and Environment or send written comments to the Ministry of Natural Resources and Environment; In cases of necessity, the Ministry of Natural Resources and Environment can seek opinions on planning and national land use plans through posting, displaying in public places, organizing conferences and seminars, distributing questionnaires, and interviewing representatives of agencies, organizations, communities, and individuals.

- Step 4: Respond to the Ministry of Natural Resources and Environment

The Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, and provincial-level People's Committees are responsible for responding in writing within 30 days from the date of receipt of the dossier for comments on national land use planning and plans.

- Step 5: Synthesize, receive, explain comments, and complete the national land use plan to submit to the National Land Use Planning and Plan Appraisal Council.

The national land use planning and planning agency is responsible for synthesizing opinions and explanations, receiving opinions, and reporting them to the Ministry of Natural Resources and Environment for consideration before submitting them to the National Land Use Planning and Plan Appraisal Council.

- Step 6: Complete the planning and national land use plan according to the conclusions of the Appraisal Council and submit to the Government for submission to the National Assembly for decision.

The national land use planning and planning agency is responsible for completing the planning according to the conclusions of the National Land Use Planning Appraisal Council and reporting to the Minister of Natural Resources and Environment for consideration and submission to the Prime Minister for approval.

More details can be found in Decision 3468/QD-BTNMT, which takes effect from the date of signing.

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