Regulations on reviewing and adjusting land use planning and plans in Vietnam from August 1, 2024

Regulations on reviewing and adjusting land use planning and plans in Vietnam from August 1, 2024 (Internet image)

On January 18, 2024, the National Assembly issued the Land Law 2024.

Regulations on reviewing and adjusting land use planning and plans in Vietnam from August 1, 2024

Article 73 of the Land Law 2024 guides the review and adjustment of land use planning and plans in Vietnam as follows:

- The adjustment of land use planning and plans shall be carried out according to the following principles:

+ The adjustment of land use planning and plans must be decided or approved by the competent authority that decides or approves the land use planning and plans;

+ The competent authority organizing the development of land use planning and plans is responsible for organizing the preparation of the adjustment of land use planning and plans;

+ The adjustment of land use planning and plans shall not alter the objectives of the land use planning and plans;

+ The adjustment of land use planning and plans shall not change the land use indicators already determined and allocated by the higher-level land use planning;

+ Complying with the procedures and formalities as prescribed by the Land Law 2024.

- The competent authority organizing the development of planning shall be responsible for organizing periodic reviews of the land use planning every 5 years to adjust in accordance with socio-economic development in each period.

- The review and adjustment of national land use planning, defense land use planning, and security land use planning shall be implemented according to the provisions of the law on planning.

- The basis for adjusting provincial land use planning includes:

+ Due to adjustments in national, regional, provincial planning or technical and specialized planning at the national and inter-provincial levels that change the land use structure of the province;

+ Due to the establishment, merger, division, or adjustment of administrative unit boundaries of the provincial-level administrative unit or its subordinate units;

+ Due to the impact of natural disasters, war, and requirements to ensure national defense and security, leading to changes in land use purposes, structure, location, and area.

- The basis for adjusting district-level land use planning includes:

+ Due to the adjustments in direct higher-level planning that change the land use structure of the district level;

+ Due to the establishment, merger, division, or adjustment of administrative unit boundaries of the local area;

+ Due to war, national defense and security requirements leading to changes in land use purpose, structure, location, and area;

+ Due to the impact of natural disasters, environmental incident response leading to changes in land use purpose; the implementation of the planning negatively impacts social welfare, ecological environment, and affects the community;

+ Changes in resources for the implementation of planning, formation of key projects serving national interests and public interests changing the orientation of land use.

- The adjustment of planning shall be performed when there are any of the bases provided in Clauses 4 and 5, Article 73 of the Land Law 2024 and approved by the competent authority.

- The adjustment of land use plans shall be carried out when land use planning, urban planning are adjusted, or there are changes in the feasibility of implementing the land use plans.

- The adjustment of land use planning and plans shall comply with the provisions of Articles 64, 65, 66, 67, 68, 69, 70, 71, 72, and 75 of the Land Law 2024.

- The state agency or person authorized to decide or approve land use planning and plans of any level shall have the authority to decide and approve the adjustment of land use planning and plans of that level.

See more Land Law 2024 which takes effect from August 1, 2024, except for the provisions specified in Clauses 2 and 3, Article 252 of the Land Law 2024.

The Land Law 2013 as amended and supplemented by certain provisions of the Law Amending and Supplementing Certain Laws Related to Planning 2018 shall cease to be effective in Vietnam from the effective date of the Land Law 2024.

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