To resolve issues related to the quotas of land used for transport in Vietnam

To resolve issues related to the quotas of land used for transport in Vietnam (Image from the internet)

On September 19, 2024, the Ministry of Natural Resources and Environment of Vietnam issued Official Dispatch 6365/BTNMT-QHPTTND on the implementation of quotas of land used for transport.

To resolve issues related to the quotas of land used for transport in Vietnam

On September 17, 2024, during the 14th session of the State Steering Committee for critical national projects in the transport sector, several localities raised issues related to quotas of land used for transport. Regarding this matter, the Ministry of Natural Resources and Environment provided the following comments:

According to Point dd, Clause 1, Article 243 of the Land Law 2024 amending and supplementing some articles of the Planning Law 2017, it is stipulated that the national land use planning content only includes:

"dd) Determination of land use quotas applicable to agricultural land category, non-agricultural land category; including determination of the area of rice cultivation land, dedicated forest land, protective forest land, natural production forest land, national defense land or security land;"

Based on the aforementioned regulation, the national land use planning indicator system will not regulate quotas of land used for transport.

Moreover, according to Clause 2, Article 253 of the Land Law 2024:

"For localities where the provincial planning for the period 2021-2030 has been approved according to the planning law before this law comes into effect, the land allocation and zoning scheme in the provincial planning can continue to be used for land management until the end of the planning period...."

Thus, from August 1, 2024 (the effective date of the Land Law 2024), apart from the land use indicators in the national land use planning mentioned above, the remaining indicators (including quotas of land used for transport), the People's Committees of provinces and centrally-governed cities will base on the land allocation and zoning scheme in the Provincial Planning, Plan for implementing Provincial Planning to execute; For these remaining indicators, localities are not bound by Decision 326/QD-TTg of 2022, Decision 227/QD-TTg of 2024 by the Prime Minister of the Government of Vietnam.

For localities without a Plan for implementing Provincial Planning, the Ministry of Natural Resources and Environment requests that localities urgently develop and submit the Plan for implementing Provincial Planning for approval by competent authorities; consider adjusting district-level land use planning if it does not align with the provincial planning to facilitate land management at the local level.

The Ministry of Natural Resources and Environment requests the People's Committees of provinces and centrally-governed cities to particularly direct the implementation.

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