Criteria for allocating national land use targets to areas in Vietnam

Criteria for allocating national land use targets to areas in Vietnam​ (Image from Internet)

1. Criteria for allocating national land use targets to areas in Vietnam

According to Clause 2, Article 22 of Decree 102/2024/ND-CP, the criteria for allocation of national land use targets for areas are as follows:

- For rice cultivation land, it is determined based on current status, land use changes, results of land use planning targets from the previous period; socio-economic development orientation suitable with the potential and advantages of each locality; ensuring maintenance of rice cultivation land in areas with high yield and quality; areas with potential land and advantages for rice cultivation; demand for conversion of rice cultivation land to non-agricultural purposes and other purposes;

- For protective forest land, special-use forest land, and production forest land, which is natural forest, it is determined based on the national forestry planning, forestry development strategy, environmental protection planning, and biodiversity conservation planning; current status, land use changes, results of forestry land use planning targets from the previous period; potential and resources to exploit unused land for forestry purposes (afforestation, regeneration nurturing); demand for converting forestry land to non-agricultural purposes and other purposes;

- For national defense land and security land, it is determined based on the current use of national defense land and security land; demand for land use to ensure national defense and security objectives; land use targets for national defense and security have been decided by the National Assembly; land use demands for national defense proposed by the Ministry of Defense and land use demands for security proposed by the Ministry of Public Security for each locality.

2. Criteria for allocation of land use plan targets from provincial level to district level in Vietnam

The criteria for allocation of land use plan targets from the provincial level to the district level according to Clause 3, Article 22 of Decree 102/2024/ND-CP are as follows:

- For rice cultivation land, other annual crop land: in addition to the criteria stipulated in point a, Clause 2, Article 22 of Decree 102/2024/ND-CP, it is also determined based on the land use orientation in the provincial plan; land use demand and capability of agricultural land conversion suitable with the socio-economic development situation of each locality;

- For protective forest land, special-use forest land, production forest land, and perennial crop land: in addition to the criteria stipulated in point b, Clause 2, Article 22 of Decree 102/2024/ND-CP, it is also determined based on the land use orientation in the provincial plan; current status, advantages, potential, and development orientation for perennial crops associated with the regional development chain, local advantages; requirements for forest cover rate;

- For national defense land and security land: in addition to the criteria stipulated in point c, Clause 2, Article 22 of Decree 102/2024/ND-CP, it is also determined based on the land use orientation in the provincial plan; current status of national defense land, security land use, land use demand, capability of land allocation for national defense, and security purposes of the locality in line with the approved national defense land use plan and security land use plan;

- For concentrated livestock land, it is determined based on current status, land use changes; results of land use target implementation in the previous plan; land use orientation in the provincial plan; livestock development strategy; disease-free livestock development scheme; demand for concentrated livestock development land use;

- For aquaculture land, it is determined based on current status, land use changes; results of land use target implementation in the previous plan; land use orientation in the provincial plan; strategy for protection and exploitation of fishery resources; advantages and potential of land in aquaculture; demand for aquaculture land use;

- For salt production land, it is determined based on current status, land use changes; results of land use target implementation in the previous plan; land use orientation in the provincial plan; salt industry development scheme; demand for salt production land use;

- For rural homestead land, urban homestead land, it is determined based on the national housing development strategy, housing development programs according to housing law provisions; current status of urban homestead land use, rural homestead land use; land use criteria; building standards; allocation limit of homestead land; forecasted population scale, urbanization rate; real estate market development; results of land use target implementation in the previous plan; land use orientation in the provincial plan; urban and rural system development orientation appropriate with the potential and advantages of each locality;

- For agency headquarter construction land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; land use orientation in the provincial plan; land use criteria; industry orientation and planning; national technical standards on construction planning, urban planning;

- For non-business construction land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; land use orientation in the provincial plan; land use criteria; industry orientation and planning, national technical standards on construction planning;

- For industrial park land, it is determined based on current status, land use changes, results of land use target implementation in the previous plan; land use orientation in the provincial plan; demand and potential for industrial development; industrial park occupancy rate according to industrial park law;

- For industrial cluster land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; industrial cluster development orientation; land use orientation in the provincial plan; demand, development capability, industrial cluster occupancy rate;

- For mineral activity land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; land use orientation in the provincial plan; mineral strategy, planning; plans for protection, exploration, exploitation, and mineral use;

- For commercial land, non-agricultural production establishment land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; land use orientation in the provincial plan; national technical standards on construction planning;

- For public purpose land, it is determined based on current status, land use changes; results of land use target implementation in the previous plan; land use orientation in the provincial plan; national technical standards on construction planning, construction works classification according to specialized law regulations; land use criteria according to land law and specialized law regulations;

- For religious land, belief land, cemetery land, funeral home, crematorium, bone ash storage facility land, it is determined based on current status, land use changes; results of land use target implementation in the previous plan; land use orientation in the provincial plan; land use criteria according to land law and specialized law regulations;

- For specialized water surface land, other non-agricultural land, it is determined based on current status, land use changes; land use demand, results of land use target implementation in the previous plan; land use orientation in the provincial plan; legal provisions, standards, industry regulations related to constructions associated with water surface use, civil works; potential exploitation for aquaculture purposes, hydroelectric, irrigation constructions; requirements for national defense protection, security, disaster prevention, and climate change adaptation.

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