Contents of planning and land use plans for areas determined for sea encroachment in Vietnam

Contents of planning and land use plans for areas determined for sea encroachment in Vietnam
Nguyễn Thị Diễm My

On April 16, 2024, the Government of Vietnam promulgated Decree No. 42/2024/ND-CP on sea encroachment activities.

Contents of planning and land use plans for areas determined for sea encroachment in Vietnam

According to the Decree, the contents of planning and land use plans for areas determined for sea encroachment are as follows: 

- Sea areas determined for sea encroachment shall have their specific location, area, boundary, and coordinate determined according to the law on topography and cartography. The determination of sea areas for sea encroachment for inclusion in planning and land use plans shall ensure the principles prescribed in Points a, b, and d Clause 2 Article 190 of the Law on Land 2024

- Provincial People's Committees shall determine and include sea areas for sea encroachment in schemes to allocate and zone land based on functional areas and land types to each administrative division of districts of provincial planning, provincial land use plans, district-level land use planning, and district-level land use plans. 

- In case sea areas determined for sea encroachment are already included in provincial planning, construction planning, or urban planning (excluding cases prescribed in Clause 5 Article 40 of the Law on Land 2013) and not included in district-level land use planning, Provincial People’s Committees shall direct the inclusion of such sea areas in district-level land use planning and district-level annual land use plans. 

Where sea areas determined for sea encroachment are not included in provincial planning, Provincial People’s Committees shall direct People’s Committees of districts to formulate and adjust additions to district-level land use planning and district-level annual land use plans. 

- Regarding investment projects with sea encroachment activities with documents approving the implementation from competent state authorities in compliance with the law before April 16, 2024, the area of sea areas determined for sea encroachment shall be included in the total area of administrative divisions. After the completion of sea encroachment, the area of land types may include land use targets by land use purposes prescribed in investment projects with sea encroachment activities to the allocated provincial planning and district-level land use plans. 

- During the formulation and approval for detailed construction planning of sea encroachment investment projects or investment projects with items concerning sea encroachment, it is mandatory to arrange and reserve land funds to construct public infrastructure works, including paths for access to the sea, at the request of Provincial People’s Committees to ensure the rights to access the sea of the people and communities. 

Provincial People’s Committees shall, based on the legal regulations on construction planning and the actual local situations, decide on specific land funds for the construction of public infrastructure works prescribed in this Clause in conformity with each sea encroachment or investment project with items concerning sea encroachment. 

See more details in Decree No. 42/2024/ND-CP of Vietnam, effective as of April 16, 2024 

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